Madhya Pradesh High Court
Smt. Neetu Singh Gond W/O Shri Akash ... vs The State Of Madhya Pradesh on 13 September, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 22514 of 2023
(SMT. NEETU SINGH GOND W/O SHRI AKASH THAKUR Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
Dated : 13-09-2023
Shri Rahul Rawat - Advocate for the petitioner.
Smt. Swati Aseem George - Deputy Government Advocate for the
respondents/State.
Issue notice to the respondents on payment of process fee by registered AD mode, payable within seven working days.
Notices are made returnable within a period of three weeks. It is submitted by counsel for petitioner that order under challenge is punitive in nature. Although petitioner has carried out the impugned transfer order but in case if she is not granted regular posting, then it will have an adverse effect on her promotional prospects. It is further submitted that Commissioner, Urban Administration and Development is the competent Authority under Section 86(4) of Municipalities Act, whereas order has been passed by Joint Director, Urban Administration and Development and therefore, it is without jurisdiction.
Since impugned order has been challenged on the ground of competency as well as on the ground that it is punitive in nature and has been issued without giving an opportunity of hearing to petitioner, therefore State counsel is directed to seek instructions in the matter and positively file the return latest by 19/09/2023.
List on 20/09/2023 at the top of the list.
It is made clear that in case if return is not filed by 19/09/2023, then this Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-Sep-23 6:21:29 PM 2 Court may direct for maintaining status quo ante by staying the operation of impugned order.
(G.S. AHLUWALIA) JUDGE shubhankar Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 13-Sep-23 6:21:29 PM