OM NARAYAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 15/7/2019 passed by respondent No. 2, by which the petitioner has been transferred from Gram Panchayat Khajuriya to Gram Panchayat Laptora and the respondent No. 3 has been transferred in place of the petitioner.

(2.) It is submitted by the counsel for the petitioner that by order dated 9/3/2019 he was transferred to the present place of posting and within four months, he has been once again transferred to Gram Panchayat Laptora.

(3.) However, during the course of arguments it is fairly conceded by the counsel for the petitioner that Gram Panchayat Laptora is only 25 Km. away from his present place of posting. The singular instance of earlier transfer cannot be said to be frequent transfer. Furthermore, the transferred place is also situated just 25 Km. away from the present place of posting. Further, the petitioner was transferred to Gram Panchayat Khajuriya on his own request, therefore, since the transfer of the petitioner to Gram Panchayat Khajuriya was not on the ground of administrative exigency, therefore, it cannot be said that the petitioner is subjected to frequent transfers on administrative exigency. The transfer is an incidence of service and no body can claim that he should be posted at the place of his choice.