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Madhya Pradesh High Court · body

2020 DIGILAW 1113 (MP)

Bahadur Singh Mourya v. State of M. P.

2020-10-13

S.C.SHARMA

body2020
ORDER 1. The petitioner before this Court has filed this present writ petition being aggrieved by the transfer order dated 8.7.2020 passed by the respondents transferring the petitioner from Gram Panchayat Sagdod, Tahsil Depalpur to Gram Panchayat Panchola Tahsil Sanwer. 2. Learned counsel for the petitioner has argued before this Court that the transfer order has been passed to accommodate respondent No.3 only. 3. Facts of the case reveal that by order dated 30.1.2020, which issued by the Collector, Indore, the petitioner was transferred from Gram Panchayat Rangwasa, Tahsil Depalpur to Gram Panchayat, Sagdod, Tahsil Depalpur and he has joined his duties on 30.1.2020. The respondent No.3, by the same order was transferred again on account of administrative exigencies from Gram Panchayat Sagdod, Tahsil Depalpur to Gram Panchayat Rangwasa, Tahsil Depalpur, in place of the petitioner. 4. The petitioner's grievance is that by the impugned transfer order which has been passed only after six months, the respondent No.3 has been posted back to his earlier post and, therefore, the transfer order has been passed to accommodate respondent No.3 only. 5. Mr. Anand Soni, learned counsel for the respondent No.3 has argued before this Court that the transfer order has been passed keeping in view the administrative exigencies and, therefore, no case for interference is made out in the matter. 6. Learned counsel for the respondent State has argued before this Court that the petitioner is continuing since long at the present place of posting and, therefore, as the transfer order has been passed keeping in view the administrative exigencies, no case for interference is made out in the matter. 7. This Court has carefully gone through the writ petition, the reply filed by the respondents and the undisputed facts of the case reveals that by the order dated 31.1.2020, the petitioner was transferred to the present place of posting and respondent No.3 was transferred out from the aforesaid place ie., from Gram Panchayat Sagdod, Tehsil Depalpur. Now, an order has been passed reversing the postings, after six months only. The transfer policy issued by the State Government dated 4.6.2019 provides for a tenure of 3 years and in the present case the petitioner has been transferred only after completion of six months. Not only this, Clause 11.11 provides that an employee transferred on administrative exigencies, should not be transferred to the same place again. 8. The transfer policy issued by the State Government dated 4.6.2019 provides for a tenure of 3 years and in the present case the petitioner has been transferred only after completion of six months. Not only this, Clause 11.11 provides that an employee transferred on administrative exigencies, should not be transferred to the same place again. 8. This Court is of the considered opinion that the petitioner is certainly a victim of frequent transfer and, therefore, keeping in view the totality of the circumstances of the case, the impugned transfer order dated 8.7.2020 deserves to be quashed and is accordingly hereby quashed. 9. The Writ Petition stands allowed and disposed of.