Madhya Pradesh High Court
Kamal Singh Garvey vs The State Of Madhya Pradesh on 17 September, 2021
Author: Pranay Verma
Bench: Pranay Verma
1 WP-19045-2021
The High Court Of Madhya Pradesh
WP-19045-2021
(KAMAL SINGH GARVEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Indore, Dated : 17-09-2021
Shri Ashutosh Nimgaonkar, learned counsel for the petitioner.
Shri Chetan Jain, learned counsel for the respondent/State.
Heard on the question of admission and interim relief. By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 31.08.2021 (Annexure P/1) passed by respondent No.1, whereby he has been transferred from District Dhar to District Bhind.
2 . The contention of the learned counsel for the petitioner is that the petitioner, who is a senior Co-Operative Inspector has been transferred to a place which is at a distance of about 800 kilometers from his present place of posting and it shall not be possible for him to take his family with him. It is submitted that the petitioner belongs to a Scheduled Tribe and his family members are poor farmers and due to his transfer, he shall not be able to take care to his family. It is further submitted that petitioner has been transferred from a scheduled area to a non-scheduled area even though there are six out of ten posts lying vacant and available in the scheduled area. It is submitted that petitioner has been transferred for the reason that he has lodged several FIRs against wrong doers and is required in several criminal cases. It is hence submitted that the transfer order is in contravention to the transfer policy dated 24.06.2021 of the State Government, particularly clause 14 thereof, hence is illegal and bad in law.
3. Counsel for the respondent/State has opposed the petition and has supported the transfer order.
4. During the course of arguments, counsel for the petitioner has brought to the notice of this Court that against his transfer order the petitioner has already preferred a representation dated 01.09.2021 to respondent No.1 Signature Not Verified SAN which is pending consideration.
Digitally signed by JYOTI CHOURASIA Date: 2021.09.21 17:13:16 IST2 WP-19045-2021 5 . In the available facts of the case, I deem it fit only to direct respondent No.1 to consider and decide the representation dated 01.09.2021 (Annexure P/3) submitted by the petitioner against his transfer order within a period of fifteen days from today by passing a reasoned and a speaking order.
6 .With the aforesaid directions, the petition stands disposed off. 7 . It is made clear that this Court has not expressed any opinion on merits of the case.
(PRANAY VERMA) JUDGE jyoti Signature Not Verified SAN Digitally signed by JYOTI CHOURASIA Date: 2021.09.21 17:13:16 IST