LAWS(MPH)-2023-9-77

MANNA LAL JADHAV Vs. STATE OF MADHYA PRADESH

Decided On September 26, 2023
Manna Lal Jadhav Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition under Article 226 of Constitution of India has been filed seeking following reliefs:-

(2.) By order dtd. 29/8/2023, Government Advocate was directed to seek instructions in the matter. Thereafter, a further time was granted by order dtd. 21/9/2023.

(3.) Shri Naveen Dubey on the basis of instructions received from the authorities submitted that in fact petitioner himself had filed an application pointing out that he may be considered for transfer to Khargone or Khandwa or Harda. It was also mentioned in the said application that he has already spent 11 long years. It is submitted that although first priority of the petitioner was Khargone but after considering the administrative requirements, petitioner has been transferred to Harda which was also one of the options submitted by petitioner. It is further submitted that petitioner has suppressed this fact and therefore, the petition is liable to be dismissed with cost. It is further submitted that the signatures of the petitioner on affidavit and Vakalatnama are substantially different from his admitted signature on his application or representation as Annexure P/5.