Madhya Pradesh High Court
Ravi Shankar Singh vs The State Of Madhya Pradesh on 28 October, 2022
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 28th OF OCTOBER, 2022
WRIT PETITION No. 22903 of 2022
BETWEEN:-
RAVI SHANKAR SINGH S/O SHRI HARENDRA
SINGH, AGED ABOUT 56 YEARS, OCCUPATION:
DEPUTY JAIL SUPERINTENDENT CENTRAL JAIL
REWA, DISTRICT REWA, M.P. (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI D.K. TRIPATHI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY JAIL DEPARTMENT
MANTRALAYA VALLABH BHAWAN BHOPAL
(M.P.) (MADHYA PRADESH)
2. DIRECTOR GENERAL JAIL AND
CORRECTIONAL SERVICES BHOPAL ARERA
HILLS BHOPAL (MADHYA PRADESH)
3. SHRI ARVIND KUMAR (IPS) DIRECTOR
GENERAL JAIL AND CORRECTIONAL SERVICES
ARERA HILS BHOPAL (MADHYA PRADESH)
4. SATISH KUMAR UPADHYAY JAIL
SUPER IN TEN D EN T CENTRAL JAIL REWA
DISTRICT REWA M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI V.P. TIWARI, GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioner has filed this petition assailing the order dated 05-10-2022, by which, the petitioner herein, who is posted as Deputy Jail Superintendent, Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/2/2022 6:15:39 PM 2 Rewa is being transferred to Central Jail, Ujjain.
The counsel submits that the petitioner herein is a victim of frequent transfers and while taking this Court to Annexures- P/4 to P/13 submits that the petitioner has been subjected to transfer on number of occasions and therefore, again on the strength of the impugned order dated 05-10-2022, the petitioner is sought to be transferred. The petitioner further submits that earlier an order dated 01-09-2022 was issued by which, the petitioner was transferred to Jail Headquarter, Bhopal and assailing the said order, the petitioner herein preferred a Writ Petition before this Court. This Court vide order dated 05-09-2022 in WP No. 20107/22, directed the respondent No. 2 therein, to take a decision on petitioner's representation and till decision on the representation, the petitioner was directed to be permitted to perform his duties at Central Jail, Rewa. Pursuant to the said order, the respondents dealt with petitioner's representation and rejected on 06-10-2022 ( Annexure P/21). Before rejection of representation, the State issued impugned order dated 05-10-2022, by which, the petitioner is being transferred to Ujjain and no one has been posted in the place of the petitioner. The counsel further submits that the petitioner since was taking steps towards elements, who were permitting the drug use in Jail Rewa, the petitioner was victimized at the behest of the respondent Nos. 3 and 4, who have been impleaded herein by name. It is the further submission of the petitioner that the entire exercise of transferring the petitioner is to accommodate one Raghvesh Agnihotri, who is otherwise junior to the petitioner and accordingly, submits that the impugned order of transfer dated 05-10-2022 as well as relieving order dated 07-10-2022 be quashed.
The counsel for the State while entering appearance on the caveat submits that the present petitioner pursuant to the order of transfer dated 05-10- Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/2/2022 6:15:39 PM 3 2022 has been relieved vide order dated 07-10-2022, which is contained in Annexure- P/2 to the petition. The counsel for the State further submits that the earlier orders which are contained in Annexures- P/4 to P/13, are not transfer orders, on the contrary, as a stop gap arrangement, the petitioner was posted at the places looking to the administrative exigency. It is the further submission of counsel for the State that a perusal of order dated 06-10-2022 ( Annexure P/21), reflect that the petitioner herein is posted at Central Jail, Rewa since 06-02-2017 and the home town of the petitioner is Shahdol and while taking into consideration the administrative exigency, the petitioner was deputed on duty in District Jail, Dindori, Annupur and Shahdol, which are adjacent to the home town of the petitioner. Therefore, submits that since the petitioner has completed his normal tenure of 3 years, the transfer of the petitioner in view of the administrative exigency requires no interference.
The counsel also submits that the allegations as regards malafides or drug abuse in Jail is also misconceived, inasmuch as, it is question which needs to be gone into by the department.
Having heard the rival submissions, it is undisputed that the petitioner is posted at Rewa since February, 2017. It is also not in dispute that the orders, which are contained in Annexures- P/4 to P/13 pertains to assigning of duties to the petitioner in District Dindori, Annupur and Shahdol. It is important to note that the order also contain specific period of 90 days, during which, the petitioner was assigned the duties at District Jail, Dindori, Annupur and Shahdol. It cannot be said that the petitioner has been subjected to frequent transfers. It is also important to appreciate that the petitioner's home town is Shahdol and by virtue of orders which contained in Annexures P/4 to P/13, the Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/2/2022 6:15:39 PM 4 petitioner was not only posted in home town but, also the adjoining districts. The petitioner's grievance as regards drug abuse in Rewa Jail, is a matter which is required to be considered by the State. So far as,the order of transfer dated 05-10-2022 contained in Annexure P/1 is concerned, the same requires no interference inasmuch as, the same has been issued in view of the administrative exigency. This court in exercise of judicial review of an administrative decision cannot sit as an Appellate Authority unless the decision is arbitrary or actuated by malafides.
The scope of interference with the transfer is limited and since in the present case, the petitioner herein has already been relieved vide order dated 07- 10-2022, no interference is warranted. ( Please See: Union of India and Others v. S.L. Abbas, (1993) 4 SCC 357, State Bank of India v. Anjan Sanyal and others, (2001) 5 SCC 508, Public Services Tribunal Bar Association v. State of U.P. and another, (2003) 4 SCC 104, State of U.P. and Others v. Gobardhan Lal, (2004) 1 SCC 402,Chaudhary and Others v. State of M.P. and Others, ILR (2007) MP 1329, Government of Andhra Pradesh v. G. Venkata 4 WP. No. 4738/2017 (Braj Kishore Paliwal Vs. State of M.P. and others) Ratnam, (2008) 9 SCC 345 and State of Haryana and Others v. Kashmir Singh and Another, (2010) 13 SCC 306].
In view of the aforesaid, the present petition being misconceived stands dismissed.
(MANINDER S BHATTI) JUDGE PG Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/2/2022 6:15:39 PM