AI Structured Summary
Not yet generated for this judgment
Judgment
Rohit Arya, J
This intra-court appeal under Section 2(1) of Madhya Pradesh Uchcha Nyalaya (Khand Nyayapeeth Ko Appeal), Adhiniyam, 2005, is directed against the order dated 15.11.2022 passed by the learned Single Judge in Writ Petition No.26066/2022.
Learned Single Judge refrained from interfering in the transfer order; however, liberty has been granted to the petitioner/appellant to file a representation and the same be decided on its own merits without being influenced by the order passed.
Learned counsel for the appellant while taking exception thereto submits that the observation made in para 6 may come in way of the decision on his representation which otherwise may be considered with compassion looking to the 45% disability of the petitioner/appellant as the impugned transfer has been made to Government Ayurvedic Aushadhalaya, Gaurishahpur, District Rewa which is about 500 kms away from Shivpuri.
Shri Khot, learned Government Advocate, has no objection if his representation is decided on merits looking to the personal difficulty of the appellant.
In view of the aforesaid, appellant is set at liberty to file a fresh representation with all requisite documents in support of his contention within seven days and the authority concerned shall be well advised to consider it with compassion and with due advertence to the documents placed on record, particularly the physical disability appellant is suffering from.
With the aforesaid, present appeal stands disposed of.