Madhya Pradesh High Court
Dr.Subhash Chandra Sharma vs Madhya Pradesh Bhoj [Open] University on 22 May, 2017
1 W.P.No. 1814/2014
(Dr. Subhash Chandra Sharma Vs. M.P. Bhoj (Open) University & Ors.)
22/05/2017
Shri Jitendra Sharma and Shri Abhishek Parashar, learned
counsel for the petitioner.
Shri J.P.Sharma and Shri M.M.Tripathi, learned counsel for
the respondents.
With consent, heard finally.
The present petition has been preferred by the petitioner being crestfallen by the order dated 24/2/2014 and 25/2/2014 (Annexure P/1 & P/2) passed by respondents, whereby, the petitioner has been attached from Gwalior to Bhopal at M.P. Bhoj (Open) University.
Learned counsel for the petitioner at the outset placed the copy of Full Bench decision of this Court in the matter of Ashok Tiwari Vs. M.P. Text Book Corporation and Anr., 2010 (2) MPHT 469, wherein, Full Bench of this Court has categorically held that the exigencies of services like suspension and transfer are not applicable over the persons who are not holding any substantive post and /or who are appointed on contract basis.
Learned counsel for the respondents could not offer anything to contradict the said submission. He submits that case of Ashok Tiwari (supra) is fully applicable in the fact situation of the case.
Considering the submissions of parties and the Full Bench decision of this court in the matter of Ashok Tiwari (supra), no other inference can be drawn except to quash the orders dated 24/2/2014 and 25/2/2014 (Annexure P/1 & P/2).
Resultantly, orders dated 24/2/2014 and 25/2/2014 (Annexure P/1 & P/2) are hereby quashed and petition is allowed. No costs.
(Anand Pathak) Judge jps/-