S B SINGH Vs. STATE OF M P

JUDGEMENT

(1.) CASE of the petitioner is that he was appointed as chief Executive Officer in Special Area Development Authority, Sidhi (hereinafter referred to as SADA) vide order dated 1. 7. 1991 and was subsequently transferred from time to time to various other SADAs in the State. Lastly, while the petitioner was posted as Chief Executive Officer, SADA, Bhilai (Durg) in 1998, the SADA was dissolved by the State Government in exercise of powers conferred under section 76 (1) of the M. P. Nagar Tatha Gram Nivesh Adhiniyam, 1973. The petitioner was, further, posted as Commissioner in Municipal Corporation, Bhilai vide order dated 15. 6. 1998. Petitioner was, thereafter, transferred and posted as project Officer, District Urban Development Agency, Gwalior (hereinafter referred to as DUDA) vide order dated 30. 3. 2000 passed by the State Government. This order was challenged by the petitioner in W. P. No. 2155/2000 inter alia on the ground that DUDA is only a society registered under the M. P. Societies registrikaran Adhiniyam, 1973 and was not a part of any Municipality or Municipal corporation. This Court vide order dated 12. 5. 2000 allowed the writ petition in part holding that the transfer of the petitioner as Project Officer, DUDA, Gwalior was not a transfer from one Municipal Council to another and as such the transfer could not be sustained. A copy of this order is on record as Annexure/p-1. Petitioner was again posted as Chief Municipal Officer in Municipal Council, Panna w. e. f. 19. 5. 2000. Subsequently, vide order dated 22. 8. 2000 he was transferred to the post of Commissioner, Municipal Corporation, Singrauli, District Sidhi and thereafter he was transferred vide order dated 4. 7. 2002 to the post of commissioner, Municipal Corporation, Katni. Copy of the order dated 4. 7. 2002 is on record as Annexure/p-2. Ignoring Annexure/p-1, the petitioner was again transferred to the post of Project Officer, DUDA, Jabalpur vide order dated 12. 10. 2004. It was again challenged in W. P. NO. 10770/2004. This petition was disposed of by this Court on 19. 10. 2004 vide Annexure/p-4 with a direction to the transfer Grievance Cell of the State Government to consider and take a decision in the matter of the petitioner. Till such a decision, status quo was directed to be maintained. During pendency of the representation of the petitioner made pursuant to Annexure/p-4 one Shri L. K. Dwivedi was posted as Commissioner, Municipal corporation, Katni which was challenged by the petitioner in W. P. No. 12462/04. This petition was disposed of vide order dated 2. 12. 2004 contained in Annexure/ p-6 holding that adequate directions had already been given vide Annexure/p-4 and the grievance in the matter may be raised by the petitioner before the Transfer grievance Cell. Ultimately, the petitioner was posted as Additional Commissioner, municipal Corporation, Gwalior.

(2.) IT is further stated in the writ petition that the respondent No. 3 who was posted as Commissioner, Municipal Corporation, Singrauli was suspended vide order dated 13. 3. 2006 and subsequently, the petitioner who was serving as additional Commissioner, Gwalior was transferred to the post of Commissioner, municipal Corporation, Singrauli vide order dated 14. 3. 2006. Pursuant thereto petitioner gave his joining as Commissioner, Municipal Corporation, Singrauli on 17. 3. 2006. Respondent No. 3 challenged the order of his suspension in W. P. No 4042/06 (S ). This Court in the said writ petition, directed on 20th March, 2006 the Chief Secretary of the State of Madhya Pradesh to scrutinise the case of the respondent No. 3 and keep the order of suspension in abeyance until the outcome of such scrutiny. Consequently, the respondent No. 3 again joined as Commissioner, municipal Corporation, Singrauli. Copy of the order dated 20. 3. 2006 is on record as Annexure/p-9. State Government submitted an application for review/recall of the said order which was allowed by this Court in M. C. C. No. 794/2006 vide order Annexure/p-10 dated 27. 4. 2006. Petitioner was, thereafter, again posted vide order dated 3. 5. 2006 as Commissioner, Municipal Corporation, Singrauli in exercise of the power under Section 54 of the Municipal Corporation Act, 1956. Copy of this order is on record as Annexure/p-11. Petitioner gave his joining pursuant to the said order on 5. 5. 2006 and has been continuing on the said post. However, pursuant to Annexure/p-9 dated 20. 3. 2006, an enquiry was conducted and the report was submitted by the Principal Secretary holding that the complaint made by respondent No. 3 was not correct. A resolution was also passed by the municipal Corporation, Singrauli on 24. 12. 2007 vide Annexure/p-15 that the State government be requested not to post the respondent No. 3 as Commissioner, municipal Corporation, Singrauli against its interest.

(3.) DESPITE the aforesaid, the petitioner has been posted by impugned order dated 24. 3. 2008 (Annexure/p-16) on the post of Project Officer, DUDA, Khandwa and the respondent No. 3 has been again posted on the post of Municipal commissioner, Singrauli. Petitioner has challenged in this petition his posting vide Annexure/p-16 to DUDA. He has prayed for the following reliefs :-