Madhya Pradesh High Court
WP/20723/2020 of SANTOSH BUDHOLIYA Vs THE STATE OF MADHYA PRADESH on 31 December 2020
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Arguments
The High Court of Madhya PradeshWP.20723/2020(Santosh Budholiya Vs. The State of M.P. & Ors.)
Gwalior dated : 31/12/2020
Shri D.P. Singh, learned counsel for the petitioner.
Shri Alok Bandhu Shrivastava, learned Panel Lawyer, for State.Heard through video conferencing.
Challenge in this petition filed u/Art.226 of Constitution is toAnnexure P/1 dated 23.12.2020 by which petitioner who wasappointed as Additional Programme Officer vide P/2 by CEO, ZilaPanchayat, Bhind (M.P.) on contractual basis for a period of one yearw.e.f. 01.04.2020 and was working with Janpad Pachayat, Gohad hasbeen attached to Zila Panchayat Bhind (M.P.) vide Annexure P/1awaiting enquiry into certain complaints.
Learned counsel for petitioner submits that the order issued isbeyond jurisdiction since contract does not provide for shifting fromplace of appointment and thus it is submitted that the impugnedtransfer is vitiated in law.
Without entering into the merits of the matter, this Court is ofthe view that order passed by Collector, Bhind (M.P.) can bechallenged u/R.3(b) of M.P. Panchayats (Appeal and Revision) Rules, 2 WP.20723.2020
1995before Commissioner, Chambal Division, Morena (M.P.).
In view of above, this Court declines interference on merit andrelegates the petitioner to avail the said remedy before AppellateAuthority.
With this observation and liberty, the petition stands dismissed.
(Bu)
(Sheel Nagu) Vacation Judge
DHANADigitally signed by DHANANJAY BUCHAKE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH NJAY GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, BUCHAKst=Madhya Pradesh, 2.5.4.20=6489e9ca230b3031a4b44a621934281f589875c02fb2a20e4220aebc8a3ba7ec, cn=DHANANJAY BUCHAKE EDate: 2021.01.02 14:59:56 +05'30'