Madhya Pradesh High Court
Champalal Patel vs The State Of Madhya Pradesh on 7 November, 2012
W. P. No. 18912/12
7/11/12
Shri Narendra Sharma, learned counsel for the petitioner.
Shri S. S. Bisen, learned Govt. Adv. on advance notice for the
respondents/State.
Petitioner is working as an 'Asstt. Teacher' in Govt. Primary School Jamuniya, Distt. Hoshangabad. Vide order dated 13/07/12, petitioner was transferred to Govt. Middle School Malni Sohagpur in the same district under the Rationalization policy.
It is the case of the petitioner that he is not surplus and ignoring the policy with regard to rationalization and retaining certain persons, he has been transferred. It is further stated that in the transferred place, there is no vacancy available and, therefore, petitioner cannot be transferred.
On the same set of circumstances, petitioner had earlier approached this Court in W. P. No. 12228/12 (s) and on 16/08/12 vide order Annexure P-9, a Bench of this Court found that the transfer of the petitioner is not tainted with malafides and as no statutory provision is violated, it cannot be interfered with. However, liberty was granted to the petitioner to pursue the representation and now the representation is rejected and, therefore, petitioner is before this Court.
In the earlier writ petition, this Court has found that judicial review into an administrative order of transfer is not permissible. Now, when the representation is already rejected, petitioner is assailing the transfer on the same grounds which have been raised in the earlier writ petition.
Accordingly, finding the respondents to have acted in accordance with law and no infirmity in the order passed, I see no reason to interfere into the matter.
The petition is therefore dismissed.
(Rajendra Menon) Judge Vy/-