Dr. Hari Har Basant Gupta vs State of Madhya Pradesh

Alok Aradhe, J.—In this petition filed under Article 226 of the Constitution of India, the petitioner inter alia challenges the validity of the order dated 15.06.2015 by which the petitioner was transferred from Bhopal to Sironj, Distt. Vidisha. The petitioner has also challenged the validity of the order dated 3.03.2016 by which the representation submitted by the petitioner in pursuance of the order dated 16.7.2015 passed by the Division Bench of this Court in W.A.No.383/15 has been rejected by respondent No.4.

When the matter was taken-up today, learned counsel for the petitioner while inviting attention of this court to order dated 26.07.15 passed in W.A.No.383/15 submitted that the aforesaid writ appeal was disposed of with a direction to the competent authority to decide the representation which may be submitted by the petitioner.

In compliance of the aforesaid order, the petitioner submitted the representation to the Principal Secretary, Education Department and the petitioner being Class-I Officer, his representation was required to be considered by the Chief Secretary. However, the Commissioner, Higher Education has considered the representation and rejected the same which is in contravention of the directions issued by the Division Bench of this Court in W.A. No.383/15 dated 16.7.2015

Learned Govt. Advocate was unable to point-out that the representation submitted by the petitioner has been decided by the competent authority.

I have considered the submissions made by learned counsel for the parties. Learned counsel for the petitioner submits that Clause 8.20 provides that the representation submitted by the Government Servant against the order of transfer has to be decided as per circular dated 29.10.2005. The Circular dated 29.10.2005 provides that the representation submitted by the Class-I Officer against the order of transfer has to be considered by the Chief Secretary. In the instant case the representation has been rejected by respondent No.4, namely, the Commissioner, Higher Education, Govt. of Madhya Pradesh. The impugned order dated 3.03.2016 has, therefore, been passed in contravention of the directions issued by the Division Bench of this Court on 16.07.2015 in W.A. No. 383/15.

For the aforementioned reasons, the impugned order dated 3.03.2016 is hereby quashed. It is directed that the representation submitted by the petitioner to the Principal Secretary shall be forwarded to the Chief Secretary who shall consider the representation and shall decide the same in accordance with law within a period of four weeks from the date of receipt of such a representation.

Till the representation submitted by the petitioner is decided by the Chief Secretary, the petitioner be allowed to continue at the present place of posting.

Accordingly, the writ petition stands disposed of.