Madhya Pradesh High Court
Chandra Prakash Vishwakarma vs The State Of Madhya Pradesh on 12 December, 2022
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 12 th OF DECEMBER, 2022
WRIT PETITION No. 28661 of 2022
BETWEEN:-
CHANDRA PRAKASH VISHWAKARMA S/O SHRI
NARAYAN PRASAD VISHWAKARMA, AGED ABOUT 47
YEARS, OCCUPATION: PANCHAYAT SECRETARY GRAM
PANCHAYAT BURRIKALA JANPAD PANCHAYAT
JUNNARDEO R/O VILLAGE NAJARPUR TEHSIL
JUNNARDEO DISTRICT CHHINDWARA (M.P.) (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MUKESH KUMAR AGARWAL, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT MANTRALAYA
VALLABH BHAWAN, BHOPAL (M.P.) (MADHYA
PRADESH)
2. ZILA PANCHAYAT, CHHINDWARA THROUGH ITS
CHIEF EXECUTIVE OFFICER DISTRICT
CHHINDWARA (MADHYA PRADESH)
3. JANPAD PANCHAYAT, JUNNARDEO THROUGH ITS
CHIEF EXECUTIVE OFFICER DISTRICT
CHHINDWARA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH, GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This is a petition assailing the order dated 04-10-2022 contained in Signature Not Verified Annexure-P/1 and also the order dated 02-12-2022 contained in Anneuxre-P/6.
Signed by: PARMESHWAR GOPE Signing time: 12/15/2022 5:32:00 PM 2The counsel for the petitioner contends that an order dated 04-10-2022 (Annexure-P/1) was issued, by which, the present petitioner, who is working as Panchayat Secretary was transferred from Gram Panchayat, Burrikala Janpad Panchayat, Junnardeo to Gram Panchayat Chhikhlar Janpad Panchayat Junnardeo.
The said order of transfer was assailed by the present petitioner by filing a writ petition before this Court vide WP No. 25382/22. The said writ petition filed by the petitioner was disposed of vide order dated 09-11-2022 by which, the respondent No. 2 was directed to take decision on petitioner's representation and till the decision on the representation, the petitioner was permitted to continue at Gram Panchayat, Burrikala Janpad Panchayat Junnardeo, if no other Panchyat Secretary was posted in place of the petitioner.
Pursuant to the order passed by this Court, the petitioner submitted a representation which has been turned down by order dated 02-12-2022 contained in Annexure-P/6.
Counsel contends that in the present case, the representation submitted by the petitioner has not been dealt with properly by the respondents and by passing a non-speaking order, the representation submitted by the petitioner has been turned down. It is contended by counsel that the present petitioner was victim of frequent transfers and was subjected to transfer vide order dated 22- 10-2014 in past and thereafter, again vide order dated 15-07-2019 and vide order dated 11-10-2019 thus, submits that this aspect was required to be considered by the respondents and his representation could not have been turned down in a purely mechanical manner.
Per contra, it is submitted by the respondents in the present case that the Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/15/2022 5:32:00 PM 3 petitioner was transferred to Gram Panchayat Burrikala vide order dated 11-10- 2019, which has been brought on record as Annexure-P/2 and a perusal of the same reveals that the petitioner has continued at his present place of posting for almost 3 years, as of now. Therefore, the petitioner cannot allege that he has been subjected to frequent transfer. It is further contended by the respondents that the representation of the petitioner was dealt with by the authorities and the authorities while considering that the order of transfer has been issued in view of administrative exigency has rightly rejected the petitioner's representation vide order dated 2-12-2022 thus, submits that no interference is warranted.
Having heard the rival submissions,it is undisputed that prior to impugned order of transfer dated 04-10-2022, the petitioner was transferred to Gram Panchayat, Burrikala Janpad Panchayat Junnardeo vide order 11-10-2019. Therefore, undisputedly, the petitioner has completed almost 3 years at his present place of posting. It is also important to note that the order impugned has been issued in respect of not only the petitioner but, also 74 other Panchayat Secretaries and from a perusal of the opening paragraph of the order dated 04-10-2022, it is further clear that in view of administrative exigency, the transfer order 04-10-2022 has been issued. The representation of the petitioner was taken into consideration by the authorities in terms of order passed by this Court dated 09-11-2022 in WP No. 25382/22 and the authority while dealing with the same, has declined to interfere with the order of transfer on the ground that the transfer has been issued in view of the administrative exigency.
In the considered view of this court, the transfer being an incident of service, the challenge to the same is not available in a routine manner unless there are specific allegations of malafides or violation of some statutory provisions. In the present case, this is not the stand of the petitioner that the Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/15/2022 5:32:00 PM 4 order of transfer has been issued in malafide exercise of powers or there is violation of any statutory provision. Thus, the scope of interference being limited, the order impugned cannot be said to be invalid or illegal.
It is trite law that interference with the transfer order is not warranted unless there are eventualities detailed hereinabove.
Accordingly, no interference is warranted. The present petition having no substance stand dismissed. No order as to costs.
MANINDER S. BHATTI) JUDGE PG Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/15/2022 5:32:00 PM