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This petition under Article 226 of the Constitution of India has been filed against the order dated 05/07/2019 passed by Chief Executive Officer, District Shivpuri, by which the petitioner has been transferred from Gram Panchayat Raishree to Gram Panchayat Muderi, District Shivpuri.

It is submitted by the counsel for the petitioner that the petitioner has been transferred by order dated 05/07/2019 but in fact, it is an antedated document and it was issued on 15/07/2019, but in view of ban on the transfer, it is shown to have been issued on 05/07/2019 which is clearly an antedated document and the petitioner has been transferred before completion of his normal tenure of three years.

Heard the learned counsel for the petitioner.

In order to allege that the order under challenge is an antedated document, it is submitted by the counsel for the petitioner that since the said document was uploaded on the website on 15/07/2019, therefore, the order dated 05/07/2019 is an antedated document.

The submission made by counsel for the petitioner cannot be accepted.

It is nowhere provided that every order has to be uploaded on the very same day and if there was any delay in uploading the order, then the authority issuing the order cannot be held responsible but it it a ministerial work which is to be performed by clerical staff and thus, it cannot be held that merely because the order was uploaded on 15/07/2019, therefore, the impugned order of transfer dated 05/07/2019 is an ante-dated document. Furthermore, in order to substantiate the contention that the order dated 05/07/2019 was uploaded on 15/07/2019, no documentary evidence has been filed along with this petition. Therefore, the contention made by the counsel for the petitioner that the impugned order is an ante-dated document, cannot be accepted.