SABHARAM DHAKAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India assails the order dated 29.05.2014 (Annexure P/1), by which the representation preferred by the petitioner against the order of transfer dated 04.03.2014 (Annexure P/1 -A) from Ghatigaon District Gwalior to Bhitarwar, District Gwalior, has been rejected.

(2.) THE petitioner substantively holds the post of Rural Agricultural Extension Officer and earlier approached this Court in WP No. 2342/2014 (S) being aggrieved by non -decision of his representation preferred against his said transfer. The said writ petition was disposed of finally on 16.04.2014 (vide Annexure P/4) with a direction to the respondents to decide the representation. The Court protected the petitioner against his transfer by the interim order till the decision on the representation.

(3.) LEARNED counsel for petitioner has primarily raised two grounds. The first being that the impugned order (Annexure P/1) discloses that the transfer was penal in nature as it is inter alia passed upon complaint received by the Minister concerned. The second being that clause 9.19 is not applicable to the case of the petitioner.