BIDISHA MUKERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the rival parties.

(2.) In this petition under Article 226 of Constitution of India, the petitioner has assailed the validity of the order dated 20/11/2017 passed by Under Secretary (P) Department of General Administration, State of M.P. Bhopal, whereby, the petitioner has been transferred from the post of Chief Executive Officer, Smart City, Gwalior to Chief Executive Officer, Jila Panchayat, Tikamgarh. The petitioner also assails the order/approval given by the Central Government (Annexure P/10) dated 05/12/2017 which is contrary to the mandatory provisions of Article of Association.

(3.) The brief facts leading to filing of this case are that the petitioner is selected through M.P. Public Service Commission. After joining the service, she has been discharging her duties with full responsibility and to the utmost satisfaction of the State authorities and there was no complaint against her. Looking to the performance of the petitioner, she was appointed as Chief Executive Officer of Smart City Development Corporation, Gwalior with the approval of the Secretary, Ministry of Urban Development. As per guidelines (Annexure P/3), clause 3.3 provides that Chief Executive Officer of the SPV (Special Purpose Vehicle) will be appointed on approval of the Ministry of Urban Development and the Chief Executive Officer will be appointed for a fixed terms of three years and can be removed only with prior approval of the Ministry of Urban Development. The petitioner was performing her duties as Chief Executive Officer, Smart City Gwalior as per the guidelines issued by the Ministry of Urban Development. The petitioner has performed her duties as Chief Executive Officer, Smart City Gwalior for near about one year, but all of a sudden, vide order impugned, the petitioner has been transferred to Tikamgarh. Being aggrieved, the petitioner has filed the instant petition.