UDAY SINGH SINGORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Writ Appeal under Sec. 2(A) of M.P. Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 assails the order dtd. 31/7/2023 passed in W.P. No.18331/2023 whereby the petitioner, who is working as Forest Guard has been transferred from Beet Satpati Range Sirwel, Forest Division, Khargone to Special Duty Range Bhikangaon.

(2.) Learned counsel for the appellant submitted that the appellant has been transferred in violation of Clause 14 and 33 of the Transfer Policy. He further submitted that the appellant has been elected as District President for Madhya Pradesh Van Karmchari Sangh, Bhopal which is a recognized union and therefore he is exempted from transfer for a period of 4 years from 15/5/2023. He further submitted that the appellant has not completed three years of service at the present place of posting. On these grounds he has assailed the transfer order.

(3.) Learned Single Judge while deciding the Writ Petition has held that all these grounds are liable to be considered by the transferring authority and not by the High Court as there is no violation of any statutory rules and regulations and mala fide.