Rajendra Jat vs The State of Madhya Pradesh

Alok Aradhe, J.—With consent of the parties, the matter is heard finally.

In this writ petition, the petitioner inter-alia seeks quashment of the order dated 30.10.2014 by which the petitioner who is working as Secretary in Gram Panchayat, Sigon, Janpad Panchayat, Harda, has been transferred to Gram Panchayat Pidgaon.

Learned counsel for the petitioner submits that the impugned order of transfer has been passed in violation of the policy of transfer. It is further submitted that in case the petitioner is required to carry out the order of transfer, the entire family would be uprooted. It is also submitted that the order of transfer has been passed behind the back of the petitioner in order to accommodate the private respondent No. 5. It is further submitted that against the issuance of impugned transfer order, the petitioner be granted the liberty to submit a representation to the Collector, Harda, namely respondent No. 3, and the respondent No. 3, be directed to consider and decide the said representation, expeditiously.

On the other hand, learned Panel Lawyer submits that in case the petitioner submits a representation, suitable action on the same shall be taken, in accordance with law.

It is well settled in law that transfer is an incidence of service. Which employee should be posted where, is a matter for the appropriate authority to decide until and unless the transfer is vitiated by malafide or is made in violation of any statutory provision, the Court cannot interfere with the order of transfer. [See Union of India and Others Vs. S.L. Abbas, ]. Similarly in Public Services Tribunal Bar Association Vs. State of U.P. and Another, ]once again dealing with the scope of judicial review in the matter of transfer, Supreme Court reiterated that transfer is an incidence of service and normally should not be interfered with by the Court. If any administrative guidelines regarding transfer of an employee are violated, at the best the same confers the right on the employee to approach the higher authorities for redressal of their grievance. Transfer made contrary to policy can also not be interfered with.

In view of aforesaid submission and as agreed to by learned counsel for the parties, the writ petition is disposed of with a direction that in case the petitioner submits a representation within period of three weeks from the date of receipt of certified copy of the order passed today to the Collector, Harda namely respondent No. 3, the Collector, Harda shall consider and decide the said representation which may be submitted by the petitioner within a period of two months from the date of receipt of such a representation, by a speaking order. It is made clear that this Court has not expressed any opinion on the merits of the case. Till the representation submitted by the petitioner is decided, he shall be allowed to continue at his present place of posting i.e. Gram Panchayat, Sigon, Janpad Panchayat, Harda.

C.C. as per rules.