Madhya Pradesh High Court
Krishna Gopal Tiwari vs The State Of Madhya Pradesh on 14 January, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
THE HIGH COURT OF MADHYA PRADESH
1
WP No. 913/2020
(Krishna Gopal Tiwari Vs The State of M.P. & others)
Gwalior, Dated : 14/01/2020
Shri R.P. Singh Kumar, learned counsel for the petitioner.
Shri Sanjeev Kumar Mishra, learned Government
Advocate for the respondent-State.
By this petition, under Article 226 of the Constitution of India, challenge has been made to order dated 03/09/2019 (Annexure P/6), whereby petitioner Ucch Madhyamik Shikshak (English) has been transferred from Government Higher Secondary School Bhind (M.P.) to Government Higher Secondary School Umri District Bhind on administrative grounds.
Learned counsel for the petitioner submits that the impugned order of transfer is in blatant violation of the transfer policy; clause 11.4 whereof prescribes that an employee shall not be transferred within three years of his posting. However, petitioner was earlier transferred vide order dated 09/08/2019 (Annexure P-3) from Gormi to Bhind on his request. He had already joined and now again he has been transferred within a period of 25 days vide (Annexure P-6) dated 03/09/2019. Surplus norms have not been followed.
Per contra, learned G.A. submits that no interference is THE HIGH COURT OF MADHYA PRADESH 2 WP No. 913/2020 (Krishna Gopal Tiwari Vs The State of M.P. & others) warranted with the order of transfer as the same has been passed in administrative exigencey and the policy is merely in the nature of guideline having no statutory force.
Having heard learned counsel for the parties, in the interests of justice, petitioner is directed to file a fresh representation with the competent Authority canvassing the grounds as marshalled in this petition along with all relevant documents together with certified copy of this order within three days of its receipt. If such a representation is filed, the Authority concerned shall decide the same by a self contained speaking order, in accordance with law, as expeditiously as possible preferably within a period of two weeks from the date of receiving such representation.
With the aforesaid, the petition stands disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case.
(S.A.Dharmadhikari) JUDGE Prachi Digitally signed by PRACHI MISHRA DN: c=IN, o=HIGH COURT OF PRACHI MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, MISHRA st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cd e48b1afcb367afdaf978aea111b 1ff29eae55fd213bc09, cn=PRACHI MISHRA Date: 2020.01.16 17:56:40 +05'30'