Madhya Pradesh High Court
Shyam Narayan Shukla vs Union Of India on 11 July, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 11th OF JULY, 2022
WRIT PETITION No. 14272 of 2022
Between:-
SHYAM NARAYAN SHUKLA S/O SHRI VISHNU
DUTT SHUKLA , AGED ABOUT 55 YEARS,
OCCUPATION: GOVT. SERVICE 188-B, ASHOK
NAGAR INDORE CSWT BSF CAMPUS, AIRPORT
ROAD, INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAVINDER KUMAR AGRAWAL-ADVOCATE)
AND
1. UNION OF INDIA THROUGH SECRETARY MHA,
GOI, NEW DELHI (DELHI)
2. DIRECTOR GENERAL BORDER SECUTITY
FORCE CGO COMPLEX BLOCK 10 (DELHI)
3. INSPECTOR GENERAL CENTRAL SCHOOL OF
WEAPONS AND TACTICS BORDER SECURITY
FORCE BIJASAN ROAD (MADHYA PRADESH)
.....RESPONDENTS
(SHRI KUSHAL GOYAL-ADVOCATE FOR RESPONDENT NO.1) on
advance copy
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
The petitioner is working on the post of ASI in the office of respondent No.3. It is submitted that petitioner was posted in the year 2019 after promotion at the present place of posting. By the impugned order the petitioner has been Signature Not VerifiedDigitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.07.12 10:26:39 IST transferred from Indore to north estern region, Tripua on promotion to the rank of Sub-Inspector w.e.f. 29.4.2022 vide FHQ BSF New Delhi order dated 2 29.4.2022. Further his services on promotion has been placed under disposal of Spl.DG (EC) BSF vide order dated 29.4.2022 who in turn further posted to 139 Battalion BSF under IG BSF Tripua Frontier vide their signal No. R-1134 dated 25.5.2022. In compliance to the aforesaid order, the respondent No.3 has directed the petitioner to relieve. Petitioner has been relieved on 22.6.2022 and is availing the joining time at this stage.
Counsel for the petitioner submits that petitioner has submitted a representation against the said order and same has been recommended by the respondent NO.3 for cancellation of his transfer order and to allow him to complete the tenure against existing vacancy of Admin staff.
Counsel for the respondent NO.1 on advance copy submits that pending representation of the petitioner shall be considered and decided by the competent authority i.e. respondent No.2 in accordance with law within a period of 30 days from the date of communication of the order.
Considering the aforesaid submissions, I deem it proper to dispose of the petition with a direction to respondent No.2 to consider and decide the representation of the petitioner in accordance with law within a period of 30 days from the date of communication of this order.
Till the representation of the petitioner is decided by the respondent no.2, no coercive action shall be taken against the petitioner.
C.c. as per rules.
(VIJAY KUMAR SHUKLA) Signature Not Verified SAN VerifiedDigitally Digitally signed by MUKTA JUDGE CHANDRASHEKHA R KOUSHAL MK Date: 2022.07.12 10:26:39 IST