Devki Nandan Pouranik Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1050795
CourtMadhya Pradesh High Court
Decided OnSep-05-2012
AppellantDevki Nandan Pouranik
RespondentThe State of Madhya Pradesh
Excerpt:
05.09.2012. shri manot mishra for the petitioner. shri rajesh tiwari, government advocate, for the respondents, on advance notice. petitioner is working as assistant revenue inspector in municipal council bada malehra, district chhatarpur. it seems that the petitioner was transferred to muncipal council maharajpur more than five years back on 10.7.2007. even though the order was passed in the year 2007, the same was not given effect to, the petitioner continued to work at his present place of posting. now, vide annexure p/2 petitioner is being relieved for complying with the order of transfer passed on 10.7.2007. if the order of transfer was not given effect to for more than five years.then in the changed administrative scenario, respondents cannot no.relieve the petitioner on the basis of an order passed more than five years back. keeping in view, this petition is allowed. order-dated 10.7.2007 transferring the petitioner and the relieving order- dated 31.3.2012 are quashed. respondents are free to proceed in the matter afresh in accordance with law. with the aforesaid, the petition stands allowed and disposed of. certified copy as per rules. (rajendra menon) judge aks/-
Judgment:

05.09.2012.

Shri Manot Mishra for the petitioner.

Shri Rajesh Tiwari, Government Advocate, for the respondents, on advance notice.

Petitioner is working as Assistant Revenue Inspector in Municipal Council Bada Malehra, District Chhatarpur.

It seems that the petitioner was transferred to Muncipal Council Maharajpur more than five years back on 10.7.2007.

Even though the order was passed in the year 2007, the same was not given effect to, the petitioner continued to work at his present place of posting.

Now, vide Annexure P/2 petitioner is being relieved for complying with the order of transfer passed on 10.7.2007.

If the order of transfer was not given effect to for more than five yeaRs.then in the changed administrative scenario, respondents cannot No.relieve the petitioner on the basis of an order passed more than five years back.

Keeping in view, this petition is allowed.

Order-dated 10.7.2007 transferring the petitioner and the relieving order- dated 31.3.2012 are quashed.

Respondents are free to proceed in the matter afresh in accordance with law.

With the aforesaid, the petition stands allowed and disposed of.

Certified copy as per rules.

(RAJENDRA MENON) JUDGE Aks/-