Madhya Pradesh High Court
Sanjay Pratap Singh Parmar vs The State Of Madhya Pradesh on 19 July, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 19 th OF JULY, 2023
WRIT PETITION No. 16106 of 2023
BETWEEN:-
SANJAY PRATAP SINGH PARMAR S/O RAJENDRA
SINGH PARMAR, AGED ABOUT 47 YEARS,
OCCUPATION: WORKING AS SECRETARY GRAM
PANCHAYAT RAJNAGAR, DISTRICT CHHATARPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI NARENDRA KUMAR SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY PANCHAYAT AND SOCIAL WELFARE
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. C O L L E C T O R C H H A T A R P U R DISTRICT
CHHATARPUR (MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER AND DEPUTY
COLLECTOR JILA PANCHAYAT CHHATARPUR
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
R AJN AGAR DISTRICT CHHATRPUR (MADHYA
PRADESH)
5. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
BAKSHWAHA DISTRICT CHHATARPUR (MADHYA
PRADESH)
6. SURENDRA KUMAR AHIRWAR SECRETARY
GRAM PANCHAYT PATHARGAWAN JANPAD
PANCHAYAT RAJNAGAR DISTRICT (MADHYA
PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: VIVEK KUMAR
TRIPATHI
Signing time: 20-07-2023
14:17:37
2
(BY SHRI PRADEEP SINGH - GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Challenge in this petition is to an order dated 7.7.2023, by which the petitioner, who is working as Panchayat Secretary, Gram Panchayat, Pay, Janpad Panchayat, Rajnagar is sought to be transferred to Gram Panchayat, Majhguwan Ghati, Janpad Panchayat Buxwaha, district Chhatarpur.
2. It is contended by the counsel for the petitioner that the petitioner is victim of frequent transfers, inasmuch as, vide order dated 31.08.2021 (Annexure P-2) the petitioner was transferred from Gram Panchayat, Khajwa, Janpad Panchayat Rajnagar to Gram Panchayat Mugwari, Janpad Panchayat, Badamalehra. Later on, petitioner, in view of untimely death of his mother due to Covid - 19, moved an application seeking transfer on his own expenses which was allowed and the petitioner vide order dated 3.2.2023 (Annexure P-3) was transferred from Gram Panchayat Mugwari, Janpad Panchayat Badamalehra district Chhatarpur to Gram Panchayat Pay, Janpad Panchayat, Rajnagar district Chhatarpur and now within a span of hardly five months, the petitioner is sought to be shifted on the strength of the impugned order.
3. It is contended by the counsel for the petitioner that the petitioner's father is a heart patient and, therefore, the petitioner is required to take care of his ailing father. Thus, questioning his transfer order, the petitioner has moved a representation dated 7.7.2023 (Annexure P-6), which has not been considered as yet.
4. Counsel for the State submits that in place of the petitioner, respondent No. 6 has been transferred. The order having been issued on Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 20-07-2023 14:17:37 3 7.7.2023, the respondent No. 6 might have joined at the place from where the petitioner is sought to be transferred. It is further contended that the transfer being an incident of service the order having been issued on administrative grounds, requires no interference.
5. Heard the submissions advanced on behalf of the parties.
6. As the petitioner has already moved a representation dated 7.7.2023 (Annexure P-6) questioning his transfer order, without expressing anything on merit, the petition stands disposed of with the direction to respondent No. 3 to take decision on petitioner's representation within a period of three weeks from the date of production of certified copy of this order by passing a well reasoned and speaking order. The respondent No. 3 shall also afford an opportunity of hearing to respondent No. 6 as well before passing any order in terms of this order.
7. If certified copy of this order is not produced before respondent No. 3 within seven working days from today, this order shall lose its efficacy automatically.
8. For a period of thirty days or till the decision by the respondent No. 3 on the representation (whichever is earlier) the petitioner shall be allowed to continue in Gram Panchayat, Pay, Janpad Panchayat, Rajnagar provided respondent No.6 has not already joined in place of petitioner.
9. With the aforesaid petition stands disposed of.
(MANINDER S. BHATTI) JUDGE vivek Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 20-07-2023 14:17:37