Madhya Pradesh High Court
Kamal Kishore Barapatre vs The State Of Madhya Pradesh on 12 August, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-14965-2021
The High Court Of Madhya Pradesh
WP-14965-2021
(KAMAL KISHORE BARAPATRE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 12-08-2021
Heard through Video Conferencing.
Shri Ayur Jain, Advocate for the petitioner.
Shri Dharmendra Kaurab, Panel Lawyer for the respondents/State.
Heard on admission.
By the instant petition, the petitioner is assailing order dated 05.08.2021 (Annexure-P/1) whereby he has been directed to be transferred from Jabalpur-02 to Dindori on administrative ground.
The main thrust of challenge is on the ground that the petitioner has not completed his normal tenure of three years at present place of posting.
The learned counsel for the petitioner submits that the petitioner is a victim of frequent transfers as within a period of four years, he has faced several transfers. He further submits that the post of Deputy Registrar is lying vacant in the office of Sub-Registrar, Jabalpur-01 and the petitioner can very well be accommodated against the said post, but transfer in mid-academic session is not proper. He also raises a ground that the petitioner has old, infirm and ailing mother, aged about 73 years, suffering from various diseases and it would be difficult for him to take her to Dindori inasmuch as no adequate medical facilities are available there. He emphasizes that nobody has been brought in place of the petitioner at the present place of posting and therefore cancelling the order of transfer would not cause any prejudice to anyone.
Shri Kaurab, learned Panel Lawyer appearing for the respondents-State while opposing the submissions made on behalf of the petitioner, submits that the petitioner is not a Class-III or Class-IV employee and therefore the plea of frequent transfers is not available to him. He further submits that the petitioner is transferred at a mere distance of around 100 Kms from the present place of Signature Not Verified SAN posting. The transfer is an incidence of service and in such matters judicial Digitally signed by SUDESH KUMAR SHUKLA Date: 2021.08.13 18:47:35 IST 2 WP-14965-2021 review in a petition under Article 226 of the Constitution is impermissible unless the order of transfer suffers from mala fide; issued by an incompetent authority or it violates any statutory provisions. In the case at hands, no such eventuality is available for the petitioner, conversely the petitioner is challenging the transfer on account of his personal difficulties, for which a mechanism is provided in the policy itself which enables the aggrieved person to raise his grievance by making a representation to the authority.
This Court while exercising power envisaged under Article 226 of the Constitution, is highly reluctant to interfere in a matter of transfer on the basis of grounds urged on behalf of the petitioner. However, this petition is disposed of directing the petitioner to make a proper representation to the competent authority requesting to adjust/accommodate him at a place where, as per the petitioner the post is lying vacant i.e. Jabalpur-01. On the same being done, the authority will consider and decide the representation of the petitioner in accordance with law within a period of 30 days from the date of its receipt.
Needless to say that this Court has not opined anything on merits, however, the authorities are expected to consider and decide the representation of the petitioner sympathetically.
Petition stands disposed of.
(SANJAY DWIVEDI) JUDGE Sudesh Signature Not Verified SAN Digitally signed by SUDESH KUMAR SHUKLA Date: 2021.08.13 18:47:35 IST