PAREEKSHIT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGING the order dated 20-2-2008 (Annexure P-1) passed by the state Government transferring the petitioner, who is working as Registrar, awadhesh Pratap Singh Vishwavidyalaya, Rewa (hereinafter referred to 'apsv') in the same capacity to Dr. Hari Singh Gour Vishwavidyalaya, Sagar, petitioner has filed this petition.

(2.) CHALLENGE to the order of transfer is made mainly on two grounds :- (a) Frequent transfer; and (b) Malafides attributed to respondent no. 4 and the role played by respondent No. 4 in getting the petitioner transferred from Rewa.

(3.) PETITIONER was appointed as an Assistant Registrar after he was selected by the Public Service Commission, in the year 1986. He was promoted as Deputy Registrar in the year 1991 and thereafter as a Registrar in the year 2001. It is the case of the petitioner that he has an unblemished service record and, in the petition averments are made to indicate the exemplary service record of the petitioner. It is stated by the petitioner that the present order of transfer issued by the State Government on 20-2- 2008 vide Annexure P-l, amounts to frequent transfer of the petitioner from one place to another and to demonstrate the aforesaid fact, it is stated that vide order dated 8-7-2005 (Annexure P-2) petitioner was transferred from Sagar to Rewa. He remained in rewa upto 16-5-2006, when vide order (Annexure P-3), he was transferred from rewa to Indore. After working in Indore for two months, vide Annexure P-4, dated 31-7-2006, he was transferred as an Officer on Special Duty to the Higher education Department at Bhopal. Even though petitioner transferred from indore to Bhopal in the Higher Education Department, vide the above order dated 31-7-2006, the said transfer was challenged by the petitioner by filing Writ petition No. 4871/2006 before the Indore Bench of this High Court and as an interim order was passed on 28-8-2006, the order was not given effect to and subsequently vide order dated 12-3-2007 (Annexure P-6), posting of the petitioner to Bhopal was modified and instead petitioner was posted at Rewa as registrar. Petitioner continued to work at Rewa from 12-3-2007 onwards and now within less than an year, it is argued that he is transferred from Rewa to sagar.