LAWS(MPH)-2021-9-126

PRADEEP KUMAR Vs. STATE OF M.P.

Decided On September 28, 2021
PRADEEP KUMAR Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed being aggrieved by the order dtd. 18/03/2021 (Annexure P/1) whereby the petitioner who is working on the post of Inspector in 13 th Battalion of SAF, Gwalior, has been sent on deputation to 17 th Battalion of SAF Bhind on the ground that respondents vide order dtd. 29/12/2020 has formed a new company "H Company" in 2 nd Battalion and "G Company" in 14th Battalion as well as "G Company" in 17 th Battalion for the purpose of filling up the posts the persons like petitioner have been sent on deputation.

(2.) Learned counsel for the petitioner has raised a solitary ground that before sending the petitioner on deputation, no consent has been obtained, therefore, impugned order is per se illegal and without jurisdiction and is liable to be set aside.

(3.) This Court, on earlier occasions, had directed the petitioner to file relevant rules in relation to prerequisites for sending the employee on deputation.