BHARAT LAL MARKO Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT is working as a Training Officer (Welder) in the Government Industrial Training Institute, Mandla, and by the impugned order dated 15.6.2015, he was transferred from Mandla to Khargon. Challenge to the order of transfer was made on account of the fact that it is in violation of clause 14 of the transfer policy and, therefore, interference be made.

(2.) THE learned writ Court considered the same and after applying the law laid down by a Division Bench in the Case of R. S. Chaudhary v. State of M.P. [ILR 2007 MP 1329], found that on account of violation of transfer guidelines or transfer policy judicial review of an administrative order of transfer is not permissible and accordingly, dismissed the writ petition and in doing so, we are of the considered view that the learned writ Court has not committed any error.

(3.) HOWEVER , learned counsel during the course of hearing pointed out that the appellant had also raised a ground of mala fide and as the ground of mala fide have not been taken note of, he invited our attention to the order passed on 6.11.2006 in Writ Appeal No.697/2006. It is argued based on this order that if the grounds of mala fide are made, atleast notice should be issued and reply should be called from the respondents and then only the question of mala fide considered or decided.