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Judgment
In the instant petition filed under Article 226 of the constitution of India, a challenge has been made to the order dated 22.05.2020 (Annexure P-7),
whereby the representation of the petitioner against the transfer order has been rejected.
Earlier the petitioner has filed a petition before this Court challenging the transfer order in W.P. No. 28776/2019. The said petition was disposed of
vide order dated 30.12.2019 with direction to the competent authority to consider and decide the representation of the petitioner against the transfer
order, thereafter, the respondents have passed the impugned order rejecting the representation of the petitioner.
Learned counsel for the petitioner submits that the rejection order is contrary to the transfer policy and it is further submitted that the transfer of the
petitioner is contrary to the guidelines issued by the Government.
Petitioner is posted at the present place of posting since 19 years and he has been transferred from present place of posting to the Government
Primary School, Phulaari, District Chhatarpur on the administrative exigency, which is reflected from the impugned order.
The petitioner has no legal right to continue at the present place of posting. Even otherwise, Law relating to scope of interference in the transfer
matter is no longer res integra, as held by the Supreme Court in the cases of Gujrat Electricity Board and another vs. Atmaram Sungomal Poshani,
(1989) 2 SCC 602; Union of India and others vs. S.L. Abbas, AIR 1993SC 244 4and the judgment passed by the Division Bench of this Court in the
case of R.S.Choudhary vs. State of M.P. and others, 2007 (2) ILR MP Series 1329, the transfer is an incidence of service and the transfer order can
only be interfered by the Courts of law if the transfer is issued in violation of the statutory rules or the order suffers from malafide exercise of power.
In the instant petition the petitioner could not establish any breach of statutory Rule or a case of mala fide. The petitioner has failed to make out any
case warranting interference under Article 226 of the Constitution of India.
Hence the writ petition being devoid of merit is dismissed.