Udaybhan Goyal vs State of M.P. and Others

Sujoy Paul, J.—Shri Braru assails the validity of the impugned order (Annexure P/1) dated 14.07.2012 whereby the petitioner, Assistant Grade-II, is transferred from the Office of District Education Officer Bhind to the Office of Block Education Officer Lahar, inasmuch as Collector Bhind has no jurisdiction/competence to transfer an employee of Education Department. He relied on Annexure P/5 to shows that the power to transfer the employee is vested with certain other Officers. Per Contra, learned Government Advocate placed reliance on the recent transfer policy wherein the powers are given to the Collector to transfer class-III employees working within its jurisdiction.

I have heard Learned Counsel for the parties.

Shri Braru is not in a position to demonstrate that Annexures P/4 & P/5 have any statutory force. These documents are also executive instructions. As per recent transfer policy, powers are given to Collector to transfer class-III employees. Thus, I am unable to hold that Collector is not competent to transfer the petitioner. No other ground is raised in this petition. I find no substance in the petition. Interference is declined. However this will not preclude the petitioner to prefer representation on other grounds before departmental authority. With the aforesaid, petition stands disposed of.