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2014 DIGILAW 523 (MP)

Pradeep Kumar Dwivedi v. State of M. P.

2014-05-05

B.D.RATHI, S.K.GANGELE

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Judgment Heard. 2. This appeal has been filed against an order dated 22/4/14 passed by the writ court in W.P.No.1600/14. In the writ petition, the petitioner/appellant has challenged the order (Annexure-P/1), dated 1/3/14 by which he was transferred and posted as Project Officer in District Urban Development Authority (DUDA), Raisen, M.P. 3. The main point canvassed by the appellant in this court is that in view of the provisions of FR 110 as well as section 86(4) of the M.P. Municipality Act, 1961, he could not be transferred to District Urban Development Authority (DUDA) at Raisen. 4. Learned writ court has considered this aspect of the matter in detail and we are also in full agreement with the reasonings given by the writ court. In accordance with the provisions of FR 110, an employee can be transferred to any other department or organization if it is fully under the control of the Government. In the present case also, District Urban Development Authority (DUDA) is under the control of the Government inasmuch as section 86(4) of M.P. Municipality Act is enabling provision which fully authorises the transfer of such an employee. 5. In this view of the matter, in our opinion, there is no illegality committed by the writ court in passing the impugned order. The appeal fails and is dismissed.