Madhya Pradesh High Court
Dr. (Ms.) Vibha Doorwar vs The State Of Madhya Pradesh on 11 August, 2017
WP. No. 5117/2017
Dr. Vibha Doorwar Vs. State of M.P. And orthers
11.08.2017
Shri D.P. Singh, learned counsel for the petitioner.
Shri Sangam Jain, learned Government Advocate for
the respondent/State.
With the consent heard finally.
The present petition has been preferred by the petitioner challenging the order dated 16.07.2017 passed by the respondent Nos. 2 & 4 whereby the petitioner working as Assistant Professor has been transferred from Government MLB College, Gwalior to Government College, Mohna.
The grievance of the petitioner is that the transfer of the petitioner has been purportedly made on her own request but petitioner has never requested for transfer on her own request. Learned counsel for the petitioner referred the list (Annexure P/3) in which petitioner has not been mentioned for own request transfer. Learned counsel for the petitioner submits that under the grab of personal request of transfer, petitioner has been transferred arbitrarily. He further referred the fact regarding ailment of her mother who is aged about 90 years old lady and she is also suffering from paralysis and cardiac problem and she is totally on death bed. According to petitioner as she never applied for any on request transfer and issued ante-dated order on 05.08.2017 by putting order dated as 16.07.2017, therefore, she prays for setting aside the impugned order.
Learned counsel for the respondents has 2 opposed the prayer made by the petitioner and prayed dismissal of the writ petition.
Considering the submissions advanced by learned counsel for the petitioner, this petition is disposed of with a direction to the petitioner to produce the certified copy of this order alongwith representation to the respondent No. 2 & 4 within ten days from today and if the same is submitted within ten days from today then, respondent No. 2 & 4/competent authority would consider and decide the representation of the petitioner in accordance with law and result shall be intimated to the petitioner within six weeks from the date of submission of representation by the petitioner alongwith certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case.
Till representation of the petitioner is decided, petitioner is allowed to work at her present place of posting.
Accordingly, the petition stands disposed of.
(Anand Pathak) Judge LJ*