SURESH KUMAR RAJORIYA Vs. STATE OF M P

JUDGEMENT

(1.) THIS Writ Appeal under Section 2 (1) of the Madhya Pradesh Uchch Nyalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 assails the order dated 19.01.2015 passed by the learned Single Judge in W.P.No. 385/2015, by which, the petition in question assailing the order of penalty dated 21.10.2014 withholding two annual increments without noncumulative effect and attaching the appellant/petitioner in the office of Superintending Engineer, PWD, Seoni, has been dismissed.

(2.) LEARNED counsel for the appellant/petitioner restricts challenge to the impugned order of Writ Court dated 19.01.2015 to the extent it relates to declining interference in that part of the impugned order dated 21.10.2014 by which the appellant / petitioner has been attached in the office of Superintending Engineer, PWD, Seoni after cancelling his earlier transfer order from Dabra to Lahar vide order dated 09.09.2014.

(3.) AFTER hearing learned counsel for the rival parties and perusing the record including the order impugned herein, it is evident that first limb of argument made on the anvil of clause 11 and 12 of Transfer Policy has been considered by rendering of finding that it was not a normal case of cancellation of transfer and, therefore, the exception prescribed in clause 11 of the policy saves the impugned order dated 21.10.2014 from becoming vulnerable to judicial review.