RAJESH KUMAR GAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this Writ Appeal preferred under Section 2 (1) of the Madhya Pradesh Uchch Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, challenge has been made to the order dt.13.10.2020 passed by the learned Single Judge in W.P.No.11308/2020, whereby Writ Petition challenging the transfer order dt.6.8.2020 has been allowed thereby quashing the same.

(2.) The brief facts leading to filing of this appeal are that the respondent No.4/petitioner was transferred from Janpad Panchayat Pohari, District Shivpuri to Janpad Panchayat Gaurihar, District Chhatarpur vide order dt.06.08.2020. Being aggrieved, he challenged the order dt.06.08.2020 by filing W.P.No.11308/2020 on the ground of frequent transfers stating that within a short span of 11 months he has been transferred thrice. Return was filed by the official respondents No.1 to 3. Writ petition came to be allowed on the ground that the respondent No.4 has been subjected to frequent transfers within a period of one year and no reason has been assigned by the respondents No.1 to 3 warranting his transfer and relying the judgment of the Apex Court in the case of T.S.R.Subramanian & Others Vs. Union of India , 2013 15 SCC 732 the impugned order dt.06.08.2020 was set aside.

(3.) Being aggrieved, present appellant/respondent No.4 in the writ petition has assailed the aforesaid order dt.13.10.2020 passed by the learned Writ Court in this appeal on the ground that anthology of frequent transfers can not be made to the gazetted officer but the same is made applicable only to Class III and Class IV employees. It is also submitted that learned Single Judge relied on the judgment in the case of T.S.R. Subramanian (supra), which is not applicable to the facts and circumstances of the present case. It is further submitted that writ court has failed to consider the fact that the policy of transfer is not subject to judicial review and the same deserves to be interfered with.