Shri Sarayoo Prasad Patel Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1089887
CourtMadhya Pradesh High Court
Decided OnSep-20-2013
AppellantShri Sarayoo Prasad Patel
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.16097/2013 (s.p.patel versus state of mp and others.20.09.2013 heard shri rohit sohgaura, learned counsel for the petitioner on the question of admission and interim relief. the petitioner has filed this petition being aggrieved by order dated 02.09.2013 by which he has been transferred from kusami to balaghat. it is submitted that it amounts to frequent transfer as he has been transferred four times within a span of one year. the petitioner also alleges that he has been transferred in violation of the transfer policy. it is also stated that the transfer might affect the seniority of the petitioner as he has been transferred to some other division. a division bench of this court in r.s.chaudhary versus state of m.p.and others.ilr [2007].mp1329has already held that in case transfer is alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing a representation. in view of the aforesaid, without entering into the merits of the case the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation along with a copy of the order passed today and a copy of the petition before the authority concerned within a week, the same shall be considered and decided by the authority concerned in accordance with law, keeping the transfer policy in mind, within a period of two months thereafter. the petitioner, if so advised, may also move an application for interim relief which shall be considered by the concerned authority at the earliest and till then effect and operation of the impugned transfer order dated 02.09 2013 as far as it relates to the petitioner shall remain stayed. however, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order. with the aforesaid directions, the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge msp
Judgment:

W.P.No.16097/2013 (S.P.Patel versus State of MP and otheRs.20.09.2013 Heard Shri Rohit Sohgaura, learned counsel for the petitioner on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by order dated 02.09.2013 by which he has been transferred from Kusami to Balaghat.

It is submitted that it amounts to frequent transfer as he has been transferred four times within a span of one year.

The petitioner also alleges that he has been transferred in violation of the transfer policy.

It is also stated that the transfer might affect the seniority of the petitioner as he has been transferred to some other Division.

A Division Bench of this Court in R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP1329has already held that in case transfer is alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing a representation.

In view of the aforesaid, without entering into the merits of the case the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation along with a copy of the order passed today and a copy of the petition before the authority concerned within a week, the same shall be considered and decided by the authority concerned in accordance with law, keeping the transfer policy in mind, within a period of two months thereafter.

The petitioner, if so advised, may also move an application for interim relief which shall be considered by the concerned authority at the earliest and till then effect and operation of the impugned transfer order dated 02.09 2013 as far as it relates to the petitioner shall remain stayed.

However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.

With the aforesaid directions, the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge msp