Madhya Pradesh High Court
Upendra Singh Baghel vs The State Of Madhya Pradesh on 24 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 24th OF FEBRUARY, 2022
WRIT PETITION No. 3843 of 2022
Between:-
UPENDRA SINGH BAGHEL S/O SHRI
RAGHVENDRA SINGH BAGHEL , AGED ABOUT 51
YEARS, OCCUPATION: SECRETARY OF THE GRAM
PANCHAYAT POSTED GRAM PANCHAYAT
PAPAUDH JANPAD PANCHAYAT BEOHARI R/O
VILLAGE KUAA THSIL BEOHARI DISTRICT
SHAHDOL M.P. (MADHYA PRADESH)
.....PETITIONER
(SHRI V.D.S.CHAUHAN, ADVOCATE FOR PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY PANCHAYAT
DEPARTMENT VALLABH BHAWAN BHOPAL M.P.
(MADHYA PRADESH)
2. CO LLECTO R S H A H D O L DISTRICT SHAHDOL
(MADHYA PRADESH)
3. JILA PANCHAYAT THROUGH CHIEF EXECUTIVE
O F F I C E R DISTRICT SHAHDOL (MADHYA
PRADESH)
4. JANPAD PANCHAYAT BEOHARI THROUGH CHIEF
EXECUTIVE OFFICER DISTRICT SHAHDOL
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI NAVEEN DUBEY, GOVT. ADVOCATE FOR STATE)
This writ petition is taken up for hearing and the Court has passed the
following:
ORDER
Petitioner has filed this writ petition being aggrieved of transfer order dated 22.12.2021, whose name appears at Serial No.4, has been transferred from Gram Panchayat Papaudh to Gram Panchayat Tikhwa on account of directives of the Election Commission. Thereafter, vide order dated 28.12.2021, one Shri Manish Singh, whose name appears at Serial Signature SAN Verified Not No.30, has been posted on transfer from Gram Panchayat Barabghelha to Digitally signed by AMIT JAIN Gram Panchayat Tikhwa. The order dated 28.12.2021 has been passed Date: 2022.02.24 18:29:02 IST 2 without cancelling the transfer of the petitioner.
It is submitted by learned counsel for the petitioner that the Election Commission had issued directions that in view of the forthcoming elections of the Panchayat, those persons, who have been posted at a particular place for more than three years during last four years, are to be transferred out of the said Gram Panchayat.
The aforesaid issue has been examined by Hon'ble Division Bench of this Court Presided Over by Hon'ble The Chief Justice in Writ Appeal No.64/2022 (Tulsiram Patel versus State of Madhya Pradesh & Others) decided on 28.1.2022 and the Hon'ble Division Bench of this Court has held that since elections have been cancelled, therefore, there is no justification in implementing the said directives of the Election Commission and has quashed the order of transfer.
Accordingly, in terms of the order dated 28.1.2022 passed by Hon'ble Division Bench of this Court in Writ Appeal No.64/2022 (Tulsiram Patel versus State of Madhya Pradesh & Others), the impugned transfer order of the petitioner is quashed subject to the condition that if the petitioner after relieving has not yet submitted his jointing at the transferred place then he will not be required to carry out the transfer & work at the transferred place. If the petitioner has yet not joined at the transferred place then the authorities will be free to deal with the intervening period, after relieving of the petitioner, in terms of the provisions as are contained in the relevant service rules.
In above terms, this writ petition is allowed & disposed of.
(VIVEK AGARWAL) JUDGE amit