Gyanchand Yadav vs State Of Madhya Pradesh And Others

The petitioner is aggrieved by his transfer order dated 20.02.2020, whereby he has been transferred from Damoh to Rajgarh in mid session during the

ban period and has been one sided relieved and asked to join at the transferred place within two days. He has placed reliance on Clause 12.1 and 15.1

of the Transfer Policy in support of his contentions, which states thus:

“12.1 , , ,

15.1 -

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It is further submitted by the learned counsel for the petitioner that the petitioner is suffering from some medical ailments and has filed a

representation in this regard before the concerned authority i.e. respondent No.2/Director, Madhya Pradesh State Civil Supplies Corporation Ltd.

Department, Bhopal, and prays that the authority may be directed to decide his representation.

Ms. Sneh Mishra, learned counsel appearing on behalf of respondents No.2 to 6, on advance copy has prayed for two weeks’ time to file the

reply.

Transfer is an incident and condition of service. It can be interfered with only if it is proved to be mala fide, changes service condition of employee to

his detriment, passed by incompetent authority, or actuated by irrelevant consideration other than administrative exigency.

On perusal of Clause 15.1 of the Policy, the one sided relieving of the petitioner cannot be sustained.

Considering the aforesaid, this petition is disposed of with a direction to the respondent No.2/Director, Madhya Pradesh State Civil Supplies

Corporation Ltd. Department, Bhopal, to decide the representation of the petitioner within a period of 30 days from the date of receipt of certified

copy of the order passed today. Till the representation is decided or for a period of 30 days, the transfer order dated 20.02.2020 shall remain stayed

and the petitioner is permitted to continue at the present place of posting.

With the aforesaid direction, this petition stands disposed of.

Certified copy as per rules.