Madhya Pradesh Court October 2012 Judgments
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Smt. Asha Tripathi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Writ Appeal No.1201 / 2012 (Smt. Asha Tripathi..Vs...State of MP & otheRs.18-10-2012 Appellant/petitioner appeared in person. Heard ton the question of admission. The appellant has filed this appeal being aggrieved by the order dated 5-10-2012 passed by this Court in W.P.No.16941/2012 whereby the petition filed by the appellant/petitioner assailing the modified order of transfer of the petitioner dated 28-9-2012 has been dismissed. It is submitted by the appellant/petitioner, who appears in person, that the impugned order has been passed without taking into consideration the directions issued by this Court in W.P.No.12504/2012 filed by the petitioner earlier which was disposed of on 9-8-2012 with the direction to the respondent/authorities to consider and decide the representation of the petitioner. It is submitted that the authorities should also have taken into consideration the fact that the post of Principal in the Girls Higher Secondary School, Rewa was lying vacant where the peti...
Chandrika Soni Vs. Pullar Soni
Court: Madhya Pradesh
Decided on: Oct-18-2012
Writ Petition No.16172/12 18.10.2012 Shri A.P.Shah, learned counsel for the petitioner. Having heard on the question of admission, it is directed that on payment of P.F.along with requisite of the registered post within three working days, the notice against admission as well as of I.A.No.12626/12, an application for grant of stay, returnable by fixing a date within six weeks be issued to the respondents failing which, this petition shall stand dismissed automatically without further reference to the Bench. As an interim measure till next hearing of this petition, the parties are directed to maintain the status-quo with all aspects as it exists today. Certified copy as per rules. (U.C.Maheshwari) Judge Pb...
Sudama Prasad Kushwaha Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Sudama Prasad Kushwaha versus State of M.P.& ORS.Writ Petition No.17564 18. 10.2012: Shri Agnivesh Dubey, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for respondent/State. Petitioner is working as Secretary of Gram Panchayat Singahi, District Singrauli and by the impugned order dated 29.9.2012 he has been transferred to another Gram Panchayat in the same District. Challenge to the order of transfer is made on the ground of violation of transfer policy and certain personal inconvenience of petitioner due to education of his children. Merely because transfer policy is violated, judicial review of an administrative order of transfer is not permissible in view of law laid down by the Supreme Court in the case of Union of India and others versus S.L.Abbas (1993) 4 SCC 35.and a Division Bench judgment of this Court in the case of R.S.Choudhary versus State of M.P.ILR, 2007, MP 1329. In view of above, I see no reason to interfere into the matter granting...
Ubedulla Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
WRIT PETITION No.17205/20118. 10.2012 Shri S.P.Khare, learned counsel for the petitioner. Ms.Sharda Dubey, learned Panel Lawyer for respondents, on advance copy. The only grievance of the petitioner is that the benefit of second Kramonnati has not been extended to the petitioner and certain recoveries have been ordered against him on account of cancellation of orders of Kramonnati. It is contended that the benefit of Kramonnati as was extended by the State Government was squarely applicable in the case of the petitioner and this was done. The benefit was extended to him, but later on saying that such a circular is not applicable, recovery has been ordered and, therefore, he is required to approach this Court. Reliance is placed by the learned counsel for the petitioner in the case of Vajra Sen Jain versus The State of M.P.& others [Writ Petition No.824/2004(S)].decided on 15.9.2009, by Gwalior Bench of this Court. After due consideration of the submissions made by learned counsel for t...
Smt.Ramkali Saryam Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Smt. Ramkali Saryam versus State of M.P.& ORS.Writ Petition No.17809 18. 10.2012: Shri Sunil Singh, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for respondent/State. Considering the fact that the matter pertaining to appointment of Aanganwadi Worker and dispute between petitioner and respondent No.6 is pending before the Commissioner Jabalpur Division since 2008, for the present, without entering into controveRs.on merit, the Commissioner, respondent No.2 is directed to decide the same in accordance to law after hearing all concerned within a period of two months from the date of receipt of certified copy of this order. With the aforesaid the petition is disposed of. (Rajendra Menon) Judge ss/-...
Uma Shankar Jaiswal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Writ Petition No.16110/12 18.10.2012 Shri Siddharth Gulati, learned counsel for the petitioner. He is heard on the question of admission. The petitioner has filed this petition under Article 226 of the Constitution of India for quashment of the order dated 8.5.2012 (Annexure-P-3) passed by the respondent no.2 Excise Commissioner whereby, his application for grant of license regarding Aahata to consume liquor by the customer has been dismissed. In the couRs.of arguments on admission in response of some query regarding maintainability of this petition as the impugned order is made appealable under the provision of Excise Act on which, instead to argue further petitioners counsel seeks permission to withdraw this petition with liberty to file the fresh application for grant of license regarding Aahata to consume the liquor by the customer in the Office of the respondent no.3 with a further prayer for appropriate direction to the Collector that on filing such an application, the same be co...
Dr. Smt. Mamta Parte Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Dr. Smt. Mamta Parte versus State of M.P.& ORS.Writ Petition No.17783 18. 10.2012: Shri Siddharth Datt, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for respondent/State. Petitioner is working as a Medical Officer in Community Health Centre Berasiya, District Bhopal. By the impugned order dated 22.9.2012 she has been transferred to District Dindori. Challenge to the order of transfer is made merely on the ground that petitioner's husband is working in Bhopal and pointing out certain family problems petitioner seeks interference into the matter. Grounds raised by petitioner in this writ petition are personal inconvenience of petitioner or breach of transfer policy which are to be considered and appreciated by the competent authority of department and, therefore, the competent authority is directed to decide the representation of petitioner within a period of four weeks. Till the aforesaid exercise is not completed petitioner shall be permitted to wo...
Gulab Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Gulab Singh versus State of M.P.& ORS.Writ Petition No.17874 18. 10.2012: Shri Pramod Thakre, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for respondent/State. Petitioner has been transferred from the post of Naib Tahsildar, Orchha, District Tikamgarh to District Balaghat. On 23.7.2012 in W.P.No.10990/2012 this Court directed respondent No.1 to consider and decide the representation of petitioner and till then petitioner was permitted to work on the same post. It seems that the representation has not been decided and even though the Collector of the district vide Annexure P-8 dated 9.10.2012 has made request for retaining petitioner at Tikamgarh, vide Annexure P-7 the Secretary of the Department respondent No.1 is insisting upon relieving the petitioner without deciding his representation. Taking note of all these factors respondent No.1 is directed not to relieve the petitioner till his representation is not decided in accordance to directions al...
Parath Singh Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Parath Singh Patel versus State of M.P.& ORS.Writ Petition No.17803 18. 10.2012: Shri Anand Nayak, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, learned Panel Lawyer for respondent/State. Petitioner is working as Panchayat Secretary and has been transferred from one Gram Panchayat to another in the same district. Challenge to the order of transfer is made merely on the ground that petitioner is transferred due to malafide of respondent No.6. It is stated that because petitioner did not taken steps to appoint son of respondent No.6, petitioner is being transferred. Except for making such a vague allegation in para 6.2 of the writ petition, no malafide is available to show that petitioner is being transferred because of the recommendation made by respondent No.5 and non-appointment of the son of respondent No.6. Shri Piyush Dharmadhikari points out that petitioner is only a Panchayat Secretary and the power of appointment of Gram Rozgar Sahayak is to be exercised by the G...
SachIn JaIn Vs. Rakesh Tiwari
Court: Madhya Pradesh
Decided on: Oct-18-2012
Writ Petition No.16146/12 18.10.2012 Shri Pushpendra Yadav, learned counsel for the petitioner. Having heard on the question of admission, it is directed that on payment of P.F.along with requisite of the registered post within three working days, the notice against admission as well as of I.A.No.12646/12, an application for grant of stay against further proceedings of the trial Court, returnable within one month be issued to the respondent failing which, this petition shall stand dismissed automatically without further reference to the Bench. As an interim measure till next hearing of this petition, the further proceedings of Civil Original Suit No.14-B of 2011, pending in the Court of Vth Additional District Judge Bhopal, is hereby stayed. Certified copy as per rules. (U.C.Maheshwari) Judge Pb...
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