Govind Prasad Soni vs State Of Madhya Pradesh

The petitioner has challenged the order of transfer dated 21.8.2018 (Annexure-P/4) passed by the respondent No.1 on the ground that the petitioner is shown to have transferred on his own request however, no such request was made by him and secondly the petitioner has been appointed as Nodal Officer for upcoming elections and another circumstances without any order from the Election Commission he could not have been transferred by respondents.

Learned counsel has relied on an order passed in Writ Appeal No.193 of 2009 wherein the Division Bench of this Court has held that:

"When the appellant was working with the Election Commission and the election process was in vogue and further he was on election duty, he could not have been transferred by any other authority without prior permission of the Election Commission."

Learned counsel for the petitioner submits that a representation in this regard has been filed by the petitioner before the respondent No.1 which is pending adjudication and it is prayed that the respondents be directed to decide the same in the light of the order passed in Writ Appeal No. 193/2009.

Learned counsel for the State has no objection to it. It is stated that the representation of the petitioner will be decided as directed by this Court.

In view of the submissions made by the learned counsel for the parties, this writ petition is disposed of with a direction to the respondent No.1 to decide the representation of the petitioner in the light of order passed in Writ Appeal No. 193/2009 and also considering the recommendation of Collector Satna dated 23.8.2018 filed as Annexure-P/5 along with the petition within a period of fifteen days from the date of production/receipt of the certified copy of the order passed today.

In the meanwhile, the petitioner is permitted to continue on the present post till the representation is decided.

A typed copy of the order be given to the learned counsel for the State for information.

C.C. as per rules.