M K RAIKVAAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this writ petition the grievance of the petitioner is that the petitioner, who was posted at Mungaoli, District Vidisha under respondent No.2, was transferred by order dated 12.6.2012 to Vidisha on his own expenses and respondent No.3 was transferred from Ganj Basoda (Vidisha) to Ashok Nagar. The petitioner joined at transferred place on 18.6.2012 and after his joining the transfer order was cancelled by impugned order dated 14.7.2012 (Annexure P-1). The basic attack to this order is that an executed order cannot be cancelled and it is passed to accommodate the respondent No.3 herein.

(2.) SHRI Raja Sharma, learned counsel for the petitioner submits that an executed order cannot be cancelled. Once an order is executed, nothing remains to be cancelled or modified. He further submits that there is no administrative exigency in modifying the said transfer order. He submits that there is no need to keep respondent No.3 at particular place.

(3.) I have heard learned counsel for the parties and perused the record.