LAXMI DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed under Section 2 (i) of M. P. Uccha nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 05. 03. 2009 passed by learned Single judge, in Writ Petition No. 12479/08 (s), (Dr. (Smt.) Laxmi Dubey vs. The State of M. P. and Others.

(2.) IT was submitted by the appellant that before the Single bench appellant challenged her transfer order dated 07. 10. 2008 (Annexure P-2), by which appellant was transferred from Gotegaon to Sagar. The aforesaid order was challenged on the ground that the transfer order suffers from malafide. It was effected because certain complaints were made by the Sarpanch and other subordinates against the appellant. That without holding any inquiry in respect of truthfulness of the complaints, appellant was transferred from Gotegaon to Sagar. Earlier to her posting from gotegaon to Sagar she suffered frequent transfer's on five occasions. It was submitted that learned Single Judge without considering this aspect dismissed the petition.

(3.) FROM the perusal of the order passed by learned Single judge, we find that the learned Single Judge considered the allegations and counter allegations in the matter and found that serious complaints were made against the appellant. The Collector, narsinghpur considering all the complaints made against the appellant recommended her transfer from Gotegaon. The matter travelled upto the Chief Minister who examined the matter and accorded sanction to the transfer. Thereafter the Chief Secretary with the consent of the Secretary of the Department passed the order of transfer. The learned Single Judge also recorded the finding that earlier appellant was posted at Sagar, where also similar complaints were made in respect of misbehaviour with the public and subordinates and on the basis of the aforesaid complaints, the appellant was earlier transferred.