Madhya Pradesh High Court
Ajay Singh vs The State Of Madhya Pradesh on 12 July, 2019
1
THE HIGH COURT OF MADHYA PRADESH
WP.13272.2019.
(Ajay Singh Vs. State of M.P. & Ors.)
GWALIOR; dated 12.07.2019.
Shri J.S.Rathore, learned counsel, for the petitioner.
Shri Sanjay Bahirani, learned G.A.for the respondents/State.
With the consent of parties, the matter is finally heard. Present petition is being filed challenging the transfer order dated 5.7.2019 whereby, the petitioner has been transferred twice vide two orders passed on the same date i.e. 5.7.2019. Vide one transfer order, the petitioner has been shown to have been transferred from Gohad district Bhind to the office of Dy. Director, Agriculture, Bhind and in the second order, he has been shown to have been transferred from Gohad district Bhind to Kattiwada district Alirajpur on the administrative ground.
It is submitted that the impugned transfer order is in violation of the transfer policy. There is no approval of the In charge Minister. He has submitted that the transfer order is issued as a outcome of malafide on the part of respondents and also in violation of Clause 6 of the Transfer Policy. Accordingly, he has prayed for quashment of the transfer order.
Per contra, learned counsel for the State has submitted that the petitioner has been transferred out of administrative exigency and there is no violation of the terms and conditions of the transfer policy. It is further contended that the transfer being incident of service is required to be complied with by the employee. The petitioner could 2 THE HIGH COURT OF MADHYA PRADESH WP.13272.2019.
(Ajay Singh Vs. State of M.P. & Ors.) not point out any malafides against respondent authorities. Accordingly, he prayed for dismissal of the writ petition.
Heard learned counsel for the parties and perused the record. Division Bench of this court in the case of R.S.Chaudhary Vs. State of M.P I.L.R (2007) M.P. 1329 has held as under :
"Transfer Policy formulated by State is not enforceable as employee does not have a right and courts have limited jurisdiction to interfere in the order of transfer. Court can interfere in case of mandatory statutory rule or action is capricious, malicious, cavalier and fanciful. In case of violation of policy, proper remedy is to approach authorities by pointing out violation and authorities to deal with the same keeping in mind the policy guidelines".
Hon'ble Division Bench after considering several judgments passed by Hon'ble Supreme Court in the cases of transfer has held that it is an incident of service and employee is having no right to ask for cancellation of transfer order otherwise, in exceptional circumstances when the transfer order is passed by incompetent authority or it is arising out of the malafides, Hon'ble Division Bench has further considered this aspect holding that even if there is violation of transfer policy, then only remedy available to an employee is to file detailed representation to the authorities by pointing out the gross violation of the transfer policy and the same be considered by the authorities.
Considering the facts and circumstances of the case and also the law laid down in the case of R.S.Chaudhary (Supra), the writ petition is disposed of with a direction to the petitioner to approach 3 THE HIGH COURT OF MADHYA PRADESH WP.13272.2019.
(Ajay Singh Vs. State of M.P. & Ors.) respondent No.2 within seven days from today by filing a detailed representation along with all relevant documents in support of his case and the respondent No.2 will dwell upon the representation submitted by the petitioner and shall pass a self contained speaking order settling the grievance of the petitioner within a period of one month therefrom.
Accordingly, this petition stands disposed of with no order as to the cost.
C.C. as per rules.
(Vishal Mishra) Judge Rks.
R. K. Digitally signed by R. K. SHARMA DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=P. S., SHARM postalCode=474011, st=Madhya Pradesh, 2.5.4.20=fddb839268e92e8a7e 213279c322478eb4761365df45 A a6e590a0c9b59957024a, cn=R. K. SHARMA Date: 2019.07.15 10:14:09 +05'30'