Dr. Nagendra Singh Rajput vs State Of MP And Others

This petition under Article 226 of the Constitution of India has been filed against the order dated 4th June, 2020 (Annexure P1) by which the transfer

order dated 2nd June, 2020 (Annexure P3) of respondent No.3 Shri Prem Narayan Jatav has been amended and now, he has been posted in place of

the petitioner and the petitioner has been transferred to Block Development Raun, District Bhind.

It is submitted by the counsel for the petitioner that the impugned order dated 4th June, 2020 (Annexure P1) is frequent in nature because by order

dated 5th July, 2019 (Annexure P2), the petitioner was transferred at his present place of posting. It is further submitted that in fact, the impugned

order dated 4th June, 2020 (Annexure P1) has been issued in order to accommodate the respondent No.3. It is further submitted that some posts are

vacant within the District of Gwalior and in stead of transferring the petitioner to Block Development Raun, District Bhind, the respondents/ authorities

could have adjusted the petitioner at Gwalior itself.

Per contra, the petition is vehemently opposed by the counsel for the State. It is submitted that the petitioner has already been relieved by order dated

9th June, 2020 and the respondent No.3 has already joined.

Considered the submission made by the counsel for the parties.

So far as the first contention of frequent transfer is concerned, it is clear from the order dated 5th July, 2019 (Annexure P2) that the said order was

passed on the request of the petitioner himself. Once the petitioner himself had opted for his transfer, then he cannot take advantage of the said

transfer order for challenging the impugned order dated 4th June, 2020 (Annexure P1) on the ground of frequent transfer.

So far as the question of accommodating the respondent No.3 is concerned, it appears that initially by order dated 2nd June, 2020 (Annexure P3) the

respondent No.3 was transferred from Veterinary Hospital, Pohri, District Shivpuri to Block Development Raun, District Bhind. The said transfer

order was passed in administrative exigency. Thereafter, on 4th June, 2020, the transfer order of respondent No.3 has been modified and he has been

transferred to Government Poultry Farm, Field Rairu, District Gwalior. Since the transfer of respondent No.3 is in administrative exigency, therefore, it

cannot be said that the petitioner has been transferred in order to accommodate the respondent No.3.

So far as the question of accommodating the petitioner within the district of Gwalior is concerned, it is within the exclusive domain of the

respondents/authorities and this Court cannot act as an appellate authority. The petitioner has made a representation Annexure P5 in which he has

also taken a ground that one post is lying vacant in Veterinary Hospital Banwar, District Gwalior. It is submitted by the counsel for the petitioner that

the said representation is still pending and the same has not been decided so far.

Considered the submissions made by counsel for the petitioner.

It appears that vide Annexure P5, the petitioner has sent his representation (5th June, 2020) by registered post which might not have reached the

concerning authority so far. However, in the light of the judgment passed by the Division Bench of this Court in the case of Mridul Kumar Sharma Vs.

State of M.P. reported in ILR [2015] MP, 2556, it is clear that the representation cannot be decided until and unless the employee joins at his/her

transferred place.

Accordingly, it directed that in case, if the petitioner submits his joining at his transferred place, then the respondents/ authorities shall consider the

representation made by the petitioner. The direction to the respondents/ authorities to consider the representation should not be construed as a

direction to modify the transfer order of the petitioner and the authorities shall decide the representation strictly in accordance with law.

With aforesaid observations, this petition is finally disposed of.