SHRINIVAS DIXIT Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is directed against the transfer order dated 19/05/2015 (Annexure P/1) on the ground that petitioner serving has Ayurvedic Medical Officer though had filed an application for request transfer during the year 2014 from Gwalior to Shivpuri but the same has not been acted upon at the relevant time. Hence, the impugned transfer order made in the month of May, 2015 allegedly on the strength of the aforesaid application was not legally sustainable as he has never filed an application thereafter seeking request transfer.

(2.) This Court by interim order dated 01/06/2015 has stayed the effect and operation of the aforesaid order and the petitioner is continuing at Gwalior.

(3.) Though by filing the counter -affidavit, the respondent/State defended the transfer of the petitioner on the basis of request transfer application of the year 2014, however, considering the fact that only 04 months period is left for the petitioner to retire and refraining to comment on merits of the contentions advanced, in the opinion of this Court, the petitioner need not be disturbed by the impugned transfer order and no prejudice could be caused to the respondent No.4 who is continuing at Shivpuri. Besides, the impugned transfer order so far as it relates to petitioner was never issued on administrative exigency.