RANJEET SINGH YADAV Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-1-82
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on January 10,2020

Ranjeet Singh Yadav Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

G.S.AHLUWALIA,J. - (1.)This petition under Article 226 of the Constitution of India has been filed against the order dated 25/10/2019 passed by the Chief Executive Officer, Zila Panchayat Ashok Nagar, by which the petitioner has been transferred from Gram Panchayat Dangorafut, Ashoknagar to Gram Panchayat Bhariyakhedi, Chanderi.
(2.)It is the case of the petitioner that earlier by order dated 15/7/2019 the petitioner was transferred from Dangorafut to Manheti and similarly one Surendra Yadav was transferred from Manheti to Dangorafut. The petitioner in compliance of the order dated 15/7/2019 submitted his joining on 21/7/2019, Annexure P/4. However, Surendra Yadav challenged his transfer order by filing writ petition No.15330/2019, which was decided by the coordinate Bench of this Court by order dated 6/8/2019 with a direction to the respondents to decide the representation made by Surendra Yadav. It is submitted that accordingly, the transfer order dated 15/7/2019 by which the petitioner was transferred to Manheti and Surendra Yadav was transferred from Manheti to Dangorafut was cancelled and the petitioner as well as Surendra Yadav were posted at their original post of posting. As a consequence thereof, the petitioner resubmitted his joining at Janpad Panchayat Dangorafut on 24/8/2019. It is submitted that now by the impugned order dated 25/10/2019 the petitioner has been transferred from Dangorafut, Ashoknagar to Bhariyakhedi, Chanderi. It is submitted that it is merely mentioned in the impugned order that the petitioner is being transferred on the order of the incharge Minister, District Ashoknagar. It is nowhere mentioned that the petitioner has been transferred in administrative exigency or on his own. Further, the transfer order dated 25/10/2019 amounts to frequent transfer because earlier the petitioner had carried out the transfer order dated 15/7/2019, but only because of cancellation of the said transfer order, he resubmitted his joining at Dangorafut. It is further submitted that the transfer of the petitioner on the orders of the incharge Minister is bad because the politicians have no say in the matter. Furthermore, the children of the petitioner are studying in Ashoknagar and the transfer of the petitioner would adversely affect their education.
(3.)The respondents have filed their return and a specific stand has been taken by them that the petitioner had never submitted his joining in compliance of the order dated 15/7/2019 and in fact the petitioner went on leave from 2/8/2019 to 20/8/2019 and even the salary of the petitioner for the month of July to October was tendered by Janpad Panchayat Ashoknagar and the petitioner has not approached this Court with clean hands and has deliberately and intentionally concealed the actual facts.


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