High CourtsSingle Bench(2012) 09 MP CK 0111

M.L. Kumhar vs State and Others

Madhya Pradesh High Court · Decided on 3 September 2012

HON’BLE JUDGES
Rajendra Menon, J
CASE NUMBER
Writ Petition No. 14023 of 2012

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Judgment

5 paragraphs · 245 words

Rajendra Menon, Judge

1.

Petitioner claims to be Shri Magan Lal Kumhar. It is the case of the petitioner that vide order dated 13.7.2012, one Shri Maganlal Prajapati, an officer has been transferred from Chhatarpur to Khandwa but treating the petitioner to be a transferred person, petitioner is proposed to be relieved. Inter-alia contending that the petitioner is not the person namely Magan Lal Prajapati, who has been transferred, petitioner is Magan Lal Kumhar and, therefore, he cannot be relieved. Pointing out these facts, petitioner represented to the State Government and has filed various documents to show that he is Magan Lal Kumhar and not Magan Lal Prajapati and action of the respondents is said to be unsustainable.

2.

Having heard learned counsel for the parties and on perusal of the records, it is clear that the matter pertains to clerical error. If an error is committed by the respondents in this regard, it is for the State Government to correct the same. For the present, without entering into the controversy on merit, the competent authority is directed to decide the case of the petitioner and correct the error, if any in the matter of transfer, within a period of one month from the date of receipt of certified copy of this order.

3.

Till the aforesaid exercise is not completed, petitioner be permitted to work at his present place of posting.

4.

With the aforesaid, petition stands disposed of. Certified Copy as per rules.