Madhya Pradesh High Court
Gopal Singh Dhurve vs The State Of Madhya Pradesh on 14 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 14th OF FEBRUARY, 2022
WRIT PETITION No. 2270 of 2022
Between:-
GOPAL SINGH DHURVE S/O BHIMMA SINGH
DHURVE , AGED ABOUT 58 YEARS, OCCUPATION:
GRAM PANCHAYAT SECRETARY GRAM
PANCHAYAT AMAJHAL, TEH.DHEEMARKHEDA
VILLAGE DHANWAHI, MAGELI,
TEH.DHEEMARKHEDA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NAND KISHORE TIWARI, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY PANCHAYAT AND RURAL
DEV.DEPTT. VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE COLLECTOR KATNI KATNI (M.P.) (MADHYA
PRADESH)
3. THE CHIEF EXECUTIVE OFFICER JILA
PANCHAYAT KATNI DISTT; KATNI (M.P.)
(MADHYA PRADESH)
4. THE CHIEF EXECUTIVE OFFICER PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT
DISTT; KATNI (M.P.) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER)
(Heard through Video Conferencing)
This writ petition has come up for hearing and the Court has passed the
following:
ORDER
Petitioner has filed this writ petition being aggrieved of order dated 16.12.2021, whose name appears at Serial No.30, has been transferred from Gram Panchayat Tola to Gram Panchayat Amajhal on account of directives of the Election Commission.
I t is submitted by learned counsel for the petitioner that the Election Signature SAN Not Commission had issued directions that in view of the forthcoming elections of Verified Digitally signed by the Panchayat, those persons, who have been posted at a particular place for AMIT JAIN Date: 2022.02.14 19:03:03 IST 2 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