JAGDISH SINGH SIKARWAR Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 19/09/2009 (Annexure- P/15), whereby he was transferred from Gwalior to Sagar. He has also challenged the order dated 03/05/2011 (Annexure-P/20), whereby his representation is rejected.

(2.) THIS is the second visit of the petitioner before this Court against the order dated 19/09/2009 (Annexure-P/15). The petitioner earlier challenged this order in W.P.No. 7207/10(s), which was decided on 02/12/2010 (Annexure-P/17). This Court dismissed the petition on the ground that petitioner has joined the transferred place. Petitioner preferred a writ appeal No. 717/10. The said writ appeal was sought to be withdrawn and it was permitted to be withdrawn with a direction to the respondents to decide the pending representation of the petitioner against the said transfer order. It is made clear by the Division Bench that a speaking order be passed on the representation without being influenced by any observation contained in the order passed by the Writ Court. In turn, the respondents passed the order dated 03/05/2011 (Annexure-P20) and rejected the representation.

(3.) PER Contra, learned Government Advocate supported the order passed by the respondents.