Sanjay Kumar Mahar vs The State Of Madhya Pradesh on 10 February, 2022

[Cites 1, Cited by 5]

Madhya Pradesh High Court

Sanjay Kumar Mahar vs The State Of Madhya Pradesh on 10 February, 2022

Bench: Sanjay Dwivedi

                                  1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                               BEFORE
                 HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                       ON THE 10th OF FEBRUARY, 2022

                   WRIT PETITION No. 19290 of 2019

         Between:-
         SANJAY KUMAR MAHAR S/O LATE SHRI
         RADHE SHYAM MAHAR , AGED ABOUT 50
         YEARS, R/O OLD P.P. COLONY, GWARIGHAT
         ROAD, JABALPUR, M.P. (MADHYA PRADESH)

                                                               .....PETITIONER
         (BY MR. AKASH CHOUDHARY, ADVOCATE )

         AND

1.       THE STATE OF MADHYA PRADESH THROUGH
         ITS   SECRETARY    VALLABH    BHAWAN,
         BHOPAL, M.P. (MADHYA PRADESH)

2.       DEPUTY DIRECTOR     DIRECTORATE OF
         PUBLIC    INSTRUCTION     (DPI) REGION
         JABALPUR (MADHYA PRADESH)

3.       DISTRICT EDUCATION OFFICER SCHOOL
         EDUCATION DEPARTMENT COLLECTORATE
         JABALPUR (MADHYA PRADESH)

                                                            .....RESPONDENTS
         (BY MISS ANKITA KHARE, PANEL LAWYER )
                     (Heard through Video Conferencing)
       This petition coming on for admission this day, the court passed the
following:
                                    ORDER

By means of this petition filed under Article 226 of the Constitution of India, the petitioner calls in question the validity of order dated 08.08.2019 (Annexure-P/1) in terms of which, he has been directed to be transferred from Jabalpur to Shahpur.

Although, the respondents have filed reply to the petition, but by virtue of interim order passed by this Court on 24.09.2019, the impugned order of transfer dated 08.08.2019 could not be implemented in respect of the petitioner and it is also not sure as to whether any exigency still exists in the matter or not.

I n view of the aforesaid, the impugned order of transfer dated 08.08.2019 (Annexure-P/1) only in respect of the petitioner is set aside.

Resultantly, the petition filed by the petitioner stands allowed and disposed of.

However, a liberty is granted to the respondents that if they are still of the opinion to transfer the petitioner or any administrative exigency still exists, then they may pass a fresh order.

(SANJAY DWIVEDI) JUDGE Devashish DEVASHISH MISHRA 2022.02.11 10:39:55 +05'30'

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court