D.S. Sisodiya vs State of M.P. and Others

R.S. Jha, J.—The petitioner has filed this petition being aggrieved by order dated 28.05.2013 passed by the Principal Chief Conservator of Forest, M.P. Forest Department whereby the petitioner has been transferred from Production Forest Range Waraseoni to Working Plan Unit Shivpuri. It is submitted by the learned counsel for the petitioner that the petitioner has only 1 year and 8 months remaining for superannuation and in such circumstances and in view of the decision of this court in W.P. No. 9984/13 (Dilip Chand Tembhare Vs. State of MP and others) decided on 10.06.2013 and the policy of the State Government, the petitioner cannot be posted in Working Plan Unit. It is further submitted that the petitioner had previously approached this court by filing W.P. No. 553/13(S) which was disposed of with certain directions but the authorities without taking into consideration the directions issued by this court have passed the impugned transfer order which is contrary to the policy of the State and directions issued by this court.

It is however observed that the petitioner has directly approached this court without filing any representation which is not permissible in law.

In the circumstances, without entering into the merits of the case or making any comments on the entitlement of the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation along with a copy of the order passed today and a copy of the petition, and the decision relied upon by the petitioner within a period of 15 days from today, the concerned authority shall consider and decide the same expeditiously, in accordance with law, keeping in mind the policy of the State Government and the decision relied upon by the petitioner, preferably within a period of three months thereafter.

With the aforesaid directions, the petition filed by the petitioner stands disposed of. C.C. as per rules.