(1.) The challenge in this petition under Article 226 of the Constitution of India is to the order of transfer of the petitioner who is Secretary of the Gram Panchyat from Shahvazpur to Mahualampur, Janpad Panchayat Ashoknagar vide P/1. Pertinently, by the same order respondent no. 6 has been transferred in place of the petitioner.
(2.) The basic ground of challenge to the order is by placing reliance on the Clause 2 of the transfer policy of State of M.P. dated 24.7. 2014 (vide P/6) which reads thus: - 2 xzke iaapk;r lfpo dk LFkkukarj.k dk;Zjr tuin iapk;r ds Hkhrj gh fudVLFk xzke iapk;r es fd;k tk;sxkA
(3.) A bare perusal of the said clause indicates that the competent authority shall try to ensure that the Secretary who is required to be moved on transfer is placed at Gram Panchayat which is as near to the present place of posting as possible within the same Janpad Panchayat.