Madhya Pradesh High Court
Mandhir Prasad Tiwari vs The State Of Madhya Pradesh on 10 October, 2012
Mandhir Prasad Tiwari Vs. State & Ors.
R.P.No.788/2012
10/10/2012
Shri Ajeet Singh, learned counsel for the petitioner. Petitioner is working as a Rural Agriculture Extension Officer and has been transferred. He filed a writ petition before this Court challenging his transfer. Initially, in W.P.No.11912/2012(s), a Bench of this Court found that the transfer is not illegal and no case for interference is made out. However, as the representation was pending, an observation was made and it was directed that the representation be decided. On the ground that the representation is not decided and he was permitted to work but as he was being relieved without decision on the representation, petitioner approached this Court in W.P.No.15481/2012(s). This Court refused to interfere into the matter and while disposing of the writ petition, observed that the representation has been considered and rejected.
Inter-alia contending that the representation has not been decided, petitioner is again before this Court seeking recall of the order passed on 17.9.2012 in W.P.No.15481/2012(s).
It may be taken note of that this Court has gone into the merits of the matter and found that the transfer is not vitiated and in transferring the petitioner, no statutory rule or regulation is violated but as the representation was pending, this Court simply directed that the representation be decided.
Now merely because such a direction was not followed and the representation is pending and petitioner is being relieved, it does not mean that the transfer order is illegal.
Once the finding is recorded by this Court that no interference can be made on the grounds raised, merely on the ground that Mandhir Prasad Tiwari Vs. State & Ors.
representation is still pending and the same was directed to be decided by this Court, now the petitioner does not have any right to recall the order passed by this Court.
The ground raised in this application does not warrant any reconsideration.
The application is, therefore, dismissed.
(Rajendra Menon) Judge nd