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Madhya Pradesh High Court · body

2025 DIGILAW 359 (MP)

Phool Singh Yadav v. State of M. P.

2025-06-20

VIVEK JAIN

body2025
ORDER 1. The present petition has been filed challenging the transfer order Annexure P/1 whereby one Sanjay Balmik who was posted as incharge Chief Municipal Officer in Municipal Council, Lidhourakhas, District Tikamgarh has been attached to Divisional Office at Sagar and one Ms. Sunita Khare Incharge Chief Municipal Officer, Municipal Council, Kari District Tikamgarh has been given additional charge of Municipal Council Lidhourakhas, District Tikamgarh. 2. The present petition is filed by a counselor of the Municipal Council challenging the transfer order and preliminary objection is raised by the counsel for the State that a counselor though may be supported by resolution majority of members of council vide Annexure P/2, cannot be challenge the transfer order of a employee unless the said employee is aggrieved by the said transfer order. Since no petition has been filed by Sanjay Balmik therefore, the petitioner cannot demand posting of Sanjay Balmik and nor can demand stay of or quashment of the transfer order of Sanjay Balmik. Therefore, the order Annexure P/1 cannot be interfered unless it is challenged by the person transferred thereby. 3. At this stage learned counsel for the petitioner submits that he is limiting his prayer to appointment of appropriate Chief Municipal Officer in the Municipal Council, Lidhourakhas, District Tikamgarh, because the Joint Director Urban Administration has been frequently changing the incharge CMO in the Municipal Council Lidhourakhas, District Tikamgarh and nobody has been posted by the State Government as Chief Municipal Officer, Municipal Council, Lidhourakhas, District Tikamgarh or Incharge Chief Municipal Officer of the Municipal Council. 4. Upon considering this arguments of learned counsel for petitioner, it is seen that on 19.12.2023 the Joint Director Sagar posted one Miss Shivi Upadhayay as CMO. 5. Thereafter on 22.7.2024 the Joint Director posted one Shri Bahadur Ahirwar, Assistant Grade I, as Incharge CMO. 6. Thereafter, vide order dated 20.8.2024, the Joint Director posted one Shri Devendra Kumar Arya as incharge CMO. 7. Then again vide order dated 7.11.2024, the joint Director posted Shri Sanjay Balmik as Incharge CMO. 8. Now again within six months vide order dated 30.5.2025 one Smt. Sunita Khare has been posted as Incharge CMO in place of Shri Sanjay Balmik. 9. From the aforesaid facts, it is clear that the Joint Director has been changing the CMO of the Municipal Council, frequently within 2 to 5 months without any person being posted by the State Government. 10. 9. From the aforesaid facts, it is clear that the Joint Director has been changing the CMO of the Municipal Council, frequently within 2 to 5 months without any person being posted by the State Government. 10. In view of the aforesaid the respondents No. 1 and 2 are directed to post any appropriate person as Chief Municipal Officer in the Municipal Council, Lidhourakhas, District Tikamgarh, either regular CMO or incharge CMO. 11. Let exercise be completed within a period of one month from the date of production of copy of the order. 12. With the aforesaid petition is disposed of.