ASHOK KUMAR KHANDELWAL Vs. COLLECTOR

JUDGEMENT

(1.) THIS appeal has been filed under Clause 10 of Letters Patent (Nagpur) challenging the order passed by the learned Single Judge of this Court in W. P. No. 7/98 on 27. 02. 1998.

(2.) THE appellant and respondent No. 4 hold the post of dresser in health centres. Respondent No. 4 had preferred a writ petition before the learned Single Judge wherein he had challenged the order of Collector, Morena, by which the transfer of petitioner from Agra (Vijaypur) to Banmor was set aside. Before any stated transfer, respondent No. 4 was working as dresser at Primary Health Centre Agra (Vijaypur), whereas appellant was posted as dresser in Primary Health Centre, Banmore. On 15. 7. 1997, respondent No. 4 was transferred to Banmore and the appellant was transferred to Agra (Vijaypur) under the order of Chief Medical and Health officer, Morena, at the instance of District Panchayat Administrative Committee. Appellant treating the order to be of District Panchayat Administrative Committee, preferred an appeal before the Collector, Morena by relying upon the circular of the Department of General Administration, Madhya Pradesh Government dated 23. 4. 1997, issued in the name of Governor wherein under Clause 9, it was provided that when the transfer orders arc made by the Panchayat Institution, the aggrieved person may prefer a representation to the Collector. The Collector, on the consideration of the facts and circumstances, had set aside the order of transfer.

(3.) THE order of Collector was challenged by respondent No. 4 before the learned Single Bench by way of writ petition. The learned Single Bench had considered the aspect whether the Collector had any jurisdiction to set aside the order of transfer of a Government servant and came to the conclusion that since the order of transfer related to Government employee holding the civil post, the learned Collector had no jurisdiction and the order of transfer could be challenged only before the Madhya Pradesh State Administrative Tribunal. The learned Single Bench had itself thus entertained the writ petition and had set aside the order of Collector.