K.K. TIWARI Vs. STATE OF M.P

JUDGEMENT

(1.) BY filing this petition, petitioner has assailed the transfer order dated 04.09.2012 (Annexure P/1) whereby the petitioner is transferred from Gwalior to Bhind.

(2.) SHRI Prashant Sharma, learned counsel for the petitioner assailed the transfer order on the following grounds: - (i) The petitioner is transferred on temporary basis without assigning any period / duration / tenure of such transfer, it makes transfer order as illegal. (ii) The petitioner is an office bearer of an association which is clear from Annexure A dated 08.05.2008 filed with IA No. 7097/2012. Being an office bearer, petitioner has immunity from transfer. (iii) Transfer order is malafide and is issued at the instant of respondents No. 3.

(3.) MRS . Patankar, Learned Govt. Advocate on the other side supported the transfer order. She submits that petitioner is posted at Gwalior since 1998. He has no legal or statutory right to remain at the same place. Transfer order is passed in administrative exigency . There is no ingredient on which transfer order can be assailed.