Madhya Pradesh High Court
D.B. Rai Shrivastava vs The State Of Madhya Pradesh Thr on 14 March, 2016
1
WP. 1852/2016
14.03.2016
Shri Alok Shrivastava, Advocate for the petitioner.
Shri Kamal Jain Govt. Advocate for Respondent/State.
Let notice be issued to the respondents on payment of PF within three working days failing which the present petition shall stand dismissed without reference to the Court.
Learned counsel for the petitioner contends in the present 3rd visit to this court that during the second visit this court had directed for deciding the representation of the petitioner against the same order of transfer dated 15.6. 2015 from Gwalior to Datia after taking into account the provisions of Rule 24 of National Cadet Corps Rules, 1948.
The impugned order has been passed vide Annexure P-2 on 5. 3. 2016 stating that though there is no unit of NCC at Datia but that by letter dated 16.10.2015 of Ministry of Higher Education direction has been issued directing for opening of NCC unit at Datia. In this background the request for cancellation of his transfer is declined since NCC unit is likely to be opened in near future.
On the other hand learned counsel for the petitioner while drawing attention of this court to paragraph 8.15.1 that the transfer of NCC Officers can take place after ensuring that there is operational unit existing at the place of transfer. It is submitted that since in Datia there is no operational unit existing the impugned order is bad in law.
In view of the above, meanwhile, till the next date of hearing operation and effect of impugned order dated 15.6 2015 (P-2) passed by State of M.P, shall remain stayed.
In case the petitioner has been relieved, he shall be allowed to join back and resume duties as Assistant Professor (Mathematics) at Gwalior.
(Sheel Nagu) Judge