Rahmat Noor Khan vs State of M.P.

Sujoy Paul, J.—The petitioner is transferred from Khejara to Gulabkhedi. It is stated that the distance between the two places is 60-70 kms. The petitioner has challenged the transfer order on the ground of his personal inconvenience and ailments, dependency of his father on him and on the ground that he is subjected to frequent transfer. Transfer order can be interfered with only when it violates any statutory provision, changes service conditions of an employee to its detriment, proved to be malafide or passed by an incompetent authority. No such ground is available in the present case.

A Division Bench of this Court in R.S.Chaudhary Vs. State of M.P.{(2007) ILR M.P. 1329} has already held that transfer order will not get vitiated on violation of transfer guidelines and proper course for the employee in such cases is to prefer a representation and request the departmental authorities to cancel the same.

There is no ground which warrants interference of this Court in the writ petition. Whenever a person is transferred, it causes inconvenience but that cannot be a ground to interfere. I find no reason to interfere. However, this will not preclude the petitioner to pursue his departmental representation and the authorities will decide it expeditiously. With the aforesaid, the petition stands disposed of. No cost.