ARUN Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the transfer order Annexure P-6 issued by respondent No. 3, by which the petitioner has been transferred from District Office, Panchayat and Social Justice, Betul to the District Office, Panchayat and Social Justice, Chhindwara on administrative grounds. This order has been assailed by the petitioner on the following grounds :-

(2.) IT is submitted by the learned Counsel for the petitioner that in view of the law laid down by the Supreme Court, in the case of Home Secretary, U. T. of Chandigarh and Anr. v. Darshjit Singh Grewal and Ors. ,, JT1993 (4 )SC 387 , 1993 (3 )SCALE218 , (1993 )4 SCC25 , [1993 ]supp1 SCR321 , the transfer policy has binding effect on the respondent and in view of Para 10. 6 of the Transfer Policy, the said order should be quashed.

(3.) FROM the perusal of the orders filed in the petition, it is apparent that vide order Annexure P-1, dated 27-9- 2002, the Director Panchayat and Social Justice, Madhya Pradesh had cancelled the petitioner's allocation to Chhattisgarh and he was posted in the Office of District Panchayat and Social Justice, Balaghat. Thereafter, though certain orders have been issued but it appears that the order has been issued by Dy. Director Panchayat and Social Justice posting the petitioner within the District of Betul. Thereafter, the petitioner was transferred to Betul District, vide order dated 15-7-2004 passed by the Director, Panchayat and Social Justice, Bhopal. This order is not on record. Now, by the impugned order Annexure P-6 the petitioner has been transferred to another District Chhindwara.