PREMLAL GARG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India against the order of repatriation of the petitioner, who is presently posted as Sub Engineer at Rural Engineering Services Department

(2.) Petitioner's case is that he was appointed on the post of Sub Engineer in the Fisheries Department on 12.2.1997, however, on 25.11.2005 the petitioner was sent on deputation to the Rural Engineering Services Department. After completing around 6 years in the Rural Engineering Services Department, the petitioner was again repatriated back to his parent department i.e. the Fisheries Department vide order dated 9.2.2011, however, within 7 months i.e. vide order dated 29.9.2011 he was again sent back to the vacant post of Sub Engineer at Rural Engineering Services Department. After completing four more years, on 17.7.2015 the petitioner was again repatriated back to his parent department and immediately thereafter on 22.8.2015 his order of repatriated was cancelled and he was again allowed to work in the Rural Engineering Services Department. On 22.12.2016 the petitioner was again repatriated back to the Fisheries Department, however, within 5 months' time i.e. on 3.5.2017 he was sent on deputation to the Rural Engineering Services Department. On 5.6.2017 he was given additional charge of Assistant Engineer. The petitioner's case is that in the month of January 2018, a question was raised by the local M.L.A. Shri Sundarlal Tiwari regarding continuance of the petitioner on such post in the Rural Engineering Services Department, which according to him was in violation of the letter dated 8.1.2018 issued by the Govt. of M.P. and immediately thereafter, the impugned order has been passed on 26.2.2018 whereby the petitioner has been repatriated back to his parent department only after a lapse of 8 months from the order of deputation dated 3.5.17.

(3.) Learned counsel for the petitioner has vehemently argued that on 29.9.2011 the petitioner was sent on deputation to the Rural Engineering Services Department on a vacant post and subsequently, also he was sent on deputation on the vacant post. Thus, it cannot be said that it is a case of transfer on deputation and in fact, the petitioner has been posted on deputation on vacant post. It is further submitted that before passing of the impugned order, no notice of hearing was issued to the petitioner and only on the basis of a question raised by the local M.L.A. the impugned order has been passed, which is illegal and is liable to be quashed.