ARVIND KUMAR CHATURVEDI Vs. STATE OF M P

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging the order of his transfer dated 9.7.07 which is Annexure P/1 to the petition. The petitioner also challenges another order dated 9.7.07 which is Annexure P/2 which relates to Respondent No.3. The effect of these two orders are that petitioner has been transferred to the place where the respondent no.3 was posted and the respondent no.3 has been directed for his transfer to the place where the petitioner is posted.

(2.) The petitioner by an order dated 10.07.06 (Annexure P/3) was transferred on his own request from Chhattarpur to Bhopal. So far as Respondent No.3 is concerned, Respondent No.3 remains at Bhopal for a period from 2002 till 10.07.06. Respondent No.3 by an order dated 10.07.06 was transferred from Bhopal to Kannod. So far as petitioner is concerned, the petitioner by an order dated 23.12.06 (Annexure P/5) was transferred from Bhopal to Chhattarpur and by an order Annexure P/6 dated 23.12.06 respondent no.3 was transferred from Kannod to Bhopal. Since the petitioner was transferred from Chattarpur to Bhopal on his own request on the ground that the children were receiving education at Bhopal and it was a request transfer and within a period of six months the petitioner by an order dated 23.12.06 (Annexure P/5) was transferred from Bhopal to Chhatarpur, therefore, the petitioner was compelled to file a petition before this Court which was registered as W.P. No.19160/06(s). The said writ petition was finally disposed of by this Court by an order dated 4.1.07, copy of the same is Annexure P/7 to the petition.

(3.) As it is evident from the order, this court quashed the order of transfer whereby the petitioner was transferred from Bhopal to Chhattarpur and thereafter the State was also given a liberty to pass an order of transfer, if circumstances so warrant. Thus, the order dated 23.12.06 (annexure P/5) which was Annexure P/1 in the earlier petition was quashed. After quashing the order petitioner continue to remain at Bhopal. Thus, the total tenure of the petitioner at Bhopal had been only from 17.10.06 till 09.07.07 when the petitioner was transferred from Bhopal to Kannod by passing a fresh order. Thus the tenure of the petitioner at Bhopal had been only nine months. So far as Respondent No.3 is concerned, he had been at Bhopal for a period from 2002 till 10.07.06 and by an order dated 10.07.06, Respondent No.3 was transferred from Bhopal to Kannod.