SHYAM KUMAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Aggrieved by the (Annexure-A-1) in Writ Petition No.8470 of 2022 passed by the learned Single Judge in dismissing the petitioner's plea challenging the order of transfer, the petitioner is in appeal.

(2.) The case of the writ petitioner is that he is an Officer of the State Municipal Services. He is scheduled to superannuate on 31/8/2022. He is presently working as the Commissioner, Municipal Corporation, Burhanpur. That when the writ petitioner who was working on the post of Commissioner, Municipal Corporation, Ratlam, he was transferred by the order dtd. 9/7/2020 to Rewa, as the Joint Director, Urban Development and Housing Department. Within a period of 11 months, by the order dtd. 4/6/2021, he was transferred from Rewa as the Commissioner, Municipal Corporation, Burhanpur. By the impugned order dtd. 7/4/2022 (Annexure-P/1 to the writ petition) merely after a period of ten months, he has been transferred to Bhopal as Joint Director, Directorate, Urban Administration and Development, Bhopal. Questioning the same, instant writ petition was filed.

(3.) The learned Single Judge came to the view that even though there is a frequency of transfer of less than a year, the post of the Chief Municipal Commissioner is a sensitive post. That undue long stay at a particular place aids in development of vested interest. That it is the State Government, being the employer of the writ petitioner, who is in the best position to adjudge suitability of a particular person. Since the petitioner has not pleaded malafides nor was he able to demonstrate that the impugned order of transfer has been issued by any incompetent authority, the writ petition was dismissed.