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2020 DIGILAW 403 (MP)

Dhruv Singh Lodhi v. State of M. P.

2020-03-12

SUJOY PAUL

body2020
ORDER 1. This is the second visit of the petitioner against the transfer order 5.7.2019 (Annexure P-4) by which the petitioner was transferred to Bhasuda (Janpad Panchayat Ajaygarh). The petitioner assailed the said transfer order in WP. No. 14651/19, which was disposed of by directing the authorities to decide the representation. No view was expressed by this Court on merits. The petitioner was permitted to file a fresh representation with relevant documents. In turn, the petitioner filed the representation dated 10.8.2019 (Annexure P-1-A), which was rejected by impugned order dated 22.8.2019. 2. Learned counsel for the petitioner criticized the rejection order by contending that similarly situated employees who were transferred along with the petitioner got the benefit of cancellation of transfer orders but the petitioner was subjected to discrimination. The petitioner has two children and his parents are aged. The petitioner's wife is an Angan-wadi Worker. The transfer will create serious inconvenience to him. 3. The prayer is opposed by learned Government counsel. Transfer is an incident of service. 4. Transfer order can be interfered with if it runs contrary to any statutory provision (not policy guidelines), proved to be mala fide, changes service condition of an employee to his detriment or passed by incompetent authority. No such ingredients is available in the present petition. Personal inconvenience etc. cannot be a ground for interference. In absence of any such ingredient on which interference can be made, interference is declined. 5. For yet another reason interference needs to be declined i.e. the petitioner preferred representation dated 10.8.2019 and clearly misrepresented before the authorities that this Court by order dated 6.8.2019 gave a finding that the transfer order is contrary to transfer policy. The petitioner who did not approach the authorities with clean hands is not entitled for any relief whatsoever. The petition fails and is hereby dismissed.