SHAMRESH UPADHYAY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, challenge is made to the order dated 26.02.2016 (Annexure P/3) whereby petitioner is transferred from 6th Battalion to Hawk Force.

(2.) Shri Gildiyal submits that this order is bad in law as the petitioner was recently transferred from 35th Battalion, Mandla to High Court Jabalpur. The petitioner worked in naxalite area of Mandla for quite some time. The impugned order amounts to frequent transfer. Petitioner's wife is suffering from certain ailments. His children are very small and petitioner has to take -care of them. Lastly, it is submitted that the Hawk Force is a different organization. The petitioner's consent has not been obtained and, therefore, his transfer is bad in law. Reliance is placed on a document dated 12.1.2016 (Annexure P/6). He contends that posting in Hawk Force amounts to deputation for which consent of an employee is required.

(3.) Shri P. Dharmadhikari, GA for the respondents submits that Hawk Force is part of the respondent/department. It is not different establishment. The personal inconvenience cannot be a ground for setting aside the transfer order. The order dated 12.1.2016 shows that willing officers records were directed to be sent. In the order dated 12.1.2016, it is not mentioned that willingness of the officers be obtained.