High CourtsSingle Bench(2020) 06 MP CK 0179

Sageer Khan S/o Latif Khan vs State Of Madhya Pradesh And Two Others

Madhya Pradesh High Court · Decided on 9 June 2020

HON’BLE JUDGES
S. C. Sharma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 8004 Of 2020 (S)

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Judgment

14 paragraphs · 274 words
1.

The petitioner before this Court has filed the present writ petition being aggrieved by order dated 28.05.2020 (Annexure P/1) passed by Additional

Director General of Police (Administration), Police Headquarters, Bhopal (respondent No.2), by which he has been transferred from Ratlam to

Dewas (MP).

2.

Learned counsel for the petitioner has argued before this Court that the transfer order has been passed in violation to the judgment delivered by the

Hon'ble Supreme Court in the case of Prakash Singh v. Union of India reported in (2006) 8 SCC 1.

3.

On the other hand, learned Additional Advocate General appearing for the respondent / State of Madhya Pradesh has argued before this Court that

transfer order of the petitioner has been passed in consonance with the Transfer Policy and the Executive Instructions issued by the State

Government on 14.02.2007. He has also stated that a remedy of representation is available to the petitioner against his transfer order; and he has been

posted to a nearby district Ujjain.

4.

After hearing learned counsel for the parties, this Court is of the considered opinion that no case for interference is made out, as the petitioner has

completed two years and four months of his posting at Ratlam. However, as the transfer policy provides for making a representation and a

representation (Annexure P/5) has been made by the petitioner against his transfer order, the respondent shall decide the said representation within a

period of six weeks from the date of receipt of certified copy of this order along with a copy of representation, in accordance with law.

5.

With the aforesaid observation, Writ Petition No.8004/2020 stands disposed of.