Madhya Pradesh High Court
Santosh Kumar Yadav vs The State Of Madhya Pradesh on 23 August, 2012
Santosh Kumar Yadav Vs. State & Ors.
Writ Petition No. 12876 / 2012
23.8.2012:
Shri Manoj Chansoriya, learned counsel for the petitioner.
Petitioner is working as Panchayat Secretary in Gram Panchayat Palkouha, Janpad Bijawar, District Chhatarpur. By the impugned order dated 13.7.2012 he has been transferred to another Gram Panchayat Nayagaon in the same district Chhatarpur. Challenge to the transfer order is made merely on the ground that in the transfer policy of State Government dated 31.3.2012 it is clearly stipulated that not more than 15% Panchayat Secretary can be transferred. Interalia contending that petitioner is transferred exceeding the limit fixed by the State Government in the transfer policy, challenge is made to the impugned order of transfer.
Merely because the policy of transfer, as indicated hereinabove, is violated, judicial review of an administrative order of transfer is not permissible in view of law laid down by a Division Bench of this Court in the case of R.S. Choudhary Vs. State of M.P. ILR, 2007, MP 1329.
Accordingly, finding no case for interference on the grounds raised, the petition is disposed of granting liberty to the petitioner to pursue with the departmental remedies available.
The petition is disposed of with the aforesaid.
(Rajendra Menon) Judge ss/-