MAHENDRA KUMAR MALVIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra-court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against an order dated 19.03.2020 passed in Writ Petition No.6847/2020; whereby, learned Single Judge while disagreeing with the decision by a Division Bench in the case of Devi Singh Thakur vs S.N. Pathak and others : Writ Appeal No.693/2019 decided on 06.12.2019, which held that the CSP/DSP are not involved in operational duties, has stayed the transfer of the petitioner and simultaneously, has directed to place the matter before Hon'ble the Chief Justice to refer the matter to a Larger Bench.

(2.) The writ petition at the instance of the petitioner, a Sub-Divisional Officer (Police) posted at Itarsi District Hoshangabad was directed against the order dated 11.03.2020; whereby, he was transferred to Women's Crime Cell, Bhopal on the post of Deputy Superintendent of Police. By the same order, the present appellant, a Sahayak Senani, was transferred from 34th Battalion Visbal, District Dhar to Itarsi District Hoshangabad on the post of Sub-Divisional Officer (Police). Consequent whereof, as is evident from the documents on record, the present appellant was relieved of his duties from earlier place of posting vide order dated 13.03.2020. Similarly, the petitioner, respondent No.4 herein, was also relieved vide order dated 17.03.2020.

(3.) However, learned Single Judge without adverting to these aspects and merely on the basis of the contention raised on behalf of the petitioner that the petitioner was on operational duties, stayed the transfer by order dated 19.03.2020 passed in Writ Petition No.6847/2020, while prima facie disagreeing with the decision in Devi Singh Thakur (supra).