Madhya Pradesh High Court
Harideen Lodhi vs The State Of Madhya Pradesh on 13 August, 2012
Harideen Lodhi. Vs. State & Ors.
Writ Petition No. 11810 / 2012 (s)
13.8.2012
Shri Mukesh Pandey, learned counsel for the petitioner. Smt. Sharda Dubey, learned Panel Lawyer for the State.
Petitioner was transferred from one school to another in the same district vide order dated 12.7.2012 passed by the District Education Officer, Panna. It is the case of petitioner that after the orders were passed on 12.7.2012 petitioner joined at the transferred post on 19.7.2012 and now by the impugned order dated 18.7.2012 vide Annexure P-1 transfer order has been cancelled. Interalia contending that once petitioner had joined on the transferred post, the executed transfer order could not be cancelled, petitioner seeks interference into the matter.
Smt. Dubey, learned Panel Lawyer points out that the transfer order was passed by the District Education officer and on examination of the same the State Government had issued instructions on 17.7.2012 to cancel all the transfer made in the district of Panna, except the transfer of physically handicapped persons, as there were various irregularities in the transfer order and as transfer is cancelled at the instance of the State Government, it is stated that no interference be made.
Having heard learned counsel for the parties and on perusal of record it is clear that the order passed by the District Education Officer transferring petitioner from one school to another in the same district on 12.7.2012 is cancelled on the basis of instructions given by the Minister of the District concerned on 17.7.2012, as is evident from Annexure P-1 and as order of transfer issued by the District Education Officer is cancelled by the State Government on recommendation of the Minister concerned, in the absence of any statutory provisions 2 being shown to be violated interference into the matter by this Court is not called for.
Petitioner was only transferred from one school to another in the same district, which is now cancelled within a period of 4 to 5 days and in case petitioner has any grievance, he may represent to the competent authority of the State Government and it would be for the said authority to consider and decide the representation of petitioner.
Accordingly, granting aforesaid liberty to the petitioner, finding no case for interference, the petition is disposed of.
Certified copy as per rules.
(Rajendra Menon) Judge ss*