GIRISH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner, who is working as Joint Collector in Sehore has filed this writ petition challenging the order Annexure P-9 dated 09-01-2012, by which the petitioner has been transferred from Sehore to Chhatarpur. Challenge to the order of transfer is made mainly on 3 counts. First ground is that the petitioner has been transferred on about 11 occasions during his service of about 11 years and therefore, the transfer amounts to frequent transfer. Second ground canvassed is that the petitioner in his capacity as Joint Collector of Sehore had taken steps for curbing the illegal mining activities in the district . He has registered various cases with regard to illegal mining and use of explosive unauthorizedly in the district by the Mining Mafia and it is because of this action of the petitioner that on political consideration, he is transferred . The third ground canvassed is that a note sheet has been prepared by the Minister concerned with regard to the aforesaid activities and on the basis of this note sheet, the petitioner has been transferred.

(2.) SHRI Vipin Yadav, learned counsel for the petitioner submitted that the petitioner was appointed as Deputy Collector on 01-07-1996 and between the year 2001 to the year 2011 on more than 11 occasions the petitioner has been transferred from one place to another and in para 5.3 of the writ petition, particulars of transfers effected have been detailed. It is therefore, contended that the petitioner is transferred intermittently on various occasions without any justification and therefore, the challenge is made on the ground of frequent transfer.

(3.) I have heard the learned counsel for the parties and perused the record. From the records, it is clear that the transfer in question is not challenged on any statutory rules or regulations being violated nor any breach of the terms and conditions of the contract of service is breached.