Madhya Pradesh High Court
WP/23484/2017 of BHUPENDRA GAWLI Vs PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT on 28 December 2017
2 HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE
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HIGH COURT OF MADHYA PRADESH; BENCH AT INDOREW.P. No.23484/2017
Bhupendra Gawli Vs. State of M.P. & Others Indore, dated 28.12.2017
Smt. Nisha Tanwar, learned counsel for the petitioner.Shri Rohit Mangal, learned Government Advocate forrespondents.
Heard on I.A. No.18664/2017 and I.A.
No.18665/2017.
Keeping in view the the urgency in the case, both theI.A's are allowed.
The petitioner has filed the present petition beingaggrieved by order dated 06.12.2017 by which he has beentransferred from Gram Panchayat-Malikedi to GramPanchayat-Narwal within Janpad Agar Malwa onadministrative ground. The petitioner is working asPanchayat Secretary of Gram Panchayat-Malikedi. He hasassailed the transfer order on the ground that within a periodof three years, he has been transferred thrice.
Vide order dated 04.04.2017, the petitioner wastransferred from Gram Panchayat-Chikli Goyal to GramPanchayat-Ahir Badiya on administrative ground. Videorder dated 08.09.2016, he was transferred from GramPanchayat-Ahirbadiya to Gram Pnachayat-Malikedi on hisown request and now he has been transferred to GramPanchayat-Narwal on administrative ground, therefore, thetransfer order dated 08.09.2016 cannot be said to be thetransfer on administrative ground and his case does notcome under the category of frequent transfer, as he himself requested for transfer. Even otherwise, he has beentransferred within the same Janpad from one GramPanchayat to other Gram Panchayat-Narval, no extraordinary circumstance exists in this case to interfere withthe order of transfer in a writ petition under Article 226 ofConstitution of India.
Accordingly, the admission is declined.
Certified copy as per rules.
(Vivek Rusia)Vacation Judge
Digitally signed by Ravi Prakash DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, Ravi PrakashpostalCode=452001, st=Madhya Pradesh, 2.5.4.20=8c41d94e3639781a0083754cf33213a20de4d0ca6c70fb2b3437951134024cc4, cn=Ravi Prakash Date: 2018.01.05 12:10:49 +05'30'