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Judgment
This petition under Article 226 of the Constitution of India has been filed against the order dated 06th March, 2020 (Annexure P1) by which the petitioner has been transferred from the Office of Executive Engineer, Sanjay Sagar Project, Bah River Division, Ganj Basoda to the Office of Executive Engineer, Water Resources Department, Bhopal.
It is submitted by the counsel for the petitioner that the petitioner is due for retirement on 31st March, 2021 and therefore, the order under challenge is bad in law and contrary to transfer policy. It is further submitted that the petitioner has made a representation, which is still pending.
Considered the submissions made by the counsel for the petitioner. The impugned order of transfer has been passed on 6th March, 2020,
whereas the petitioner is due for retirement on 31st March, 2021. Strictly speaking, the impugned order has not been passed within a period of one year from the date of his retirement. However, the close proximity of one year from the date of the impugned order dated 6th March, 2020 cannot be ignored.
Since this Court cannot act as an appellate authority and the case of the petitioner is not strictly covered by the transfer policy, therefore, it is directed that in case, if the petitioner joins at his transferred place, then the representation made by the petitioner shall be decided in the light of the judgment passed by the Division Bench of this Court in the case of Mridul Kumar Sharma vs. State of MP reported in ILR (2015) MP, 2556.
With aforesaid observations, this petition is finally disposed of.