PRASHANT SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) In the instant intra court appeal takes an exception to the interim order dated 17.2018 passed by the learned Single Judge in W.P. No.15153/2018 whereby, the operation of the order dated 5.7.2018 transferring the writ petitioner from Agriculture Marketing Board, Regional Office, Jabalpur to the Head Office of the Marketing Board at Bhopal has been stayed.

(2.) The brief facts of the case are that the respondent No.5 (herein- after referred as 'writ petitioner'), was transferred from Ujjain to Jabalpur by order dated 21.6.2018. In pursuance to the order dated 21.6.2018, he has submitted his joining on 26.2018 on the post of Joint Director, Jabalpur. The case of the petitioner is that within a period of 14 days because of the transfer of the appellant, the writ petitioner has been shifted from Jabalpur to Bhopal.

(3.) Counsel for the appellant submits that the transfer of the appellant and the writ petitioner is purely on administrative exigency. It is submitted that while posting of the writ petitioner as Secretary, Mandi Board, certain departmental enquiry was initiated against him. By virtue of his posting as Joint Director, M.P. State Agriculture Marketing Board, Jabalpur, the Enquiry Officer/ Presenting Officer will now become subordinate to respondent No.5. It is also submitted by him that as per provisions of Section 40-A of M.P. Krishi Upaj Mandi Adhiniyam, 1972 (for short 'Adhiniyam, 1972'), the State Government is competent to issue any direction against the Marketing Board and the Marketing Committee and they are bound to follow the same.