ASHOK KUMAR TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) PRINCIPAL Secretary, Local Self -Government it also present in the Court. Shri Manish Chawra, learned counsel appears for the Chief Municipal Officer, Itarsi and the President, Municipal Council, Itarsi. This order shall govern disposal of W.P. No. 5735/2000 and W.P. No. 5734/2000.

(2.) THE cases are the burning examples of absolute carelessness and mismanagement in the Secretariat of the Local Self -Government. It appears that in the said department nobody understands and nobody is ready to understand. Petitioner Om Prakash Upadhyay working with Municipal Council, Itarsi was transferred in the same capacity to Nagar Panchayat, Patan. Another petitioner Ashok Kumar Tiwari was transferred in the same capacity from Municipal Council, Itarsi to Nagar Panchayat, Shahpura though in his order of transfer it is shown that he is transferred to Municipal Council, Shahpura. The fact remains that Shahpura is a Nagar Panchayat.

(3.) PETITIONER Ashok Kumar Tiwari was transferred as Sub -Engineer from Municipal Council, Itarsi to Nagar Panchayat, Shahpura. It appears that the officer in the Secretariat who issued the order of transfer did not even know that Shahpura was a Municipal Council or a Nagar Panchayat. From Annexure P -2 it would clearly appear that Shahpura is a Nagar Panchayat. It is not expected of the officers sitting in the Secretariat that they would act indifferently with close eyes and put their hands on their knees and would try to forget that what is going around them. When a person has been transferred from one place to another, the officer empowered to issue order of transfer must know whether a man from Municipal Council could be transferred to Nagar Panchayat or not.. Whether the office to which the man is being transferred has available any vacancy or not. Whether the place of transfer is Nagar Palika or Nagar Panchayat. When all these things are not looked into it can always be presumed that the orders have been passed in hot haste and not in administrative exigencies but at the behest of someone else. Such orders can never be approved because they show absolute non -application of mind. In the present case each of the petitioners respecting the orders issued by the Secretariat went to join at the place of transfer but the said orders of transfer were not respected either by the CMO Patan or President of Nagar Panchayat, Shahpura. Undisputedly, if the petitioners have not respected the said orders, they could have been taken to task but we do not know whether the State Govt. would be ready and willing to take some action against the officers who issued these illegal and void orders and authorities who did not accept the orders issued by the State Government.