M.L. GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution challenges the order dated 21.5.2013 (Annexure P -1) whereby the petitioner, a Sub Divisional Officer posted at Sub Division, Datia is send as an attached officer to Guna, Division Guna. Criticizing this order, Shri R.P. Singh, learned counsel for the petitioner, submits that petitioner is subjected to frequent transfer. By drawing attention of this Court on order dated 12.7.2012 (Annexure P -7), it is submitted that petitioner was transferred from Tikamgarh to Datia. In obedience of this order, he joined at Datia on 28.7.2012. It is further submitted that petitioner was also transferred by order dated 7.8.2012 from Datia to Gwalior. Attention is also drawn on the order dated 21.7.2010 to submit that petitioner is subjected to frequent transfers.

(2.) SHRI R.P. Singh submits that the petitioner was subsequently promoted by order dated 1.5.2013 (Annexure P -3). On promotion he was posted as Sub Divisional Officer Sub Division, Datia. In obedience of promotion order, he joined at Datia on 2.5.2013 (Annexure P -2(1). Within a short span of time, he was attached to Sub Division Guna. It is urged that in view of Clause 18 of the transfer policy, all attachments were closed w.e.f. 1.5.2012 and thereafter the attachment of the petitioner is impermissible. In addition it is submitted that petitioner is due for retirement in February, 2015 and as per Clause 9.13 of the transfer policy, his transfer at this stage is without any justifiable reason.

(3.) I have heard the learned counsel for the parties and perused the record.