A.K. DEHARIA Vs. STATE OF MADHYA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) By the instant petition, the petitioner is challenging the order dated 12.07.2019 (Annexure P-8) whereby the earlier order of transfer of the petitioner dated 03.07.2019 (Annexure P-1) has been cancelled with immediate effect.

(3.) Learned counsel for the petitioner submits that the order impugned is illegal as has been passed against the settled principle of law that the executed order cannot be modified or cancelled. He further submits that the petitioner has implemented the order dated 03.07.2019 as he submitted his joining on 04.07.2019 and also took over the charge of the post of Executive Engineer, Water Resources Division No.2, Betul. He further submits that the intervenor namely; Amar Yeole who is at serial No.2 in the order dated 03.07.2019 and he was also transferred from Betul to Rajgarh on the post of Assistant Engineer but he would hold the charge of the post of Executive Engineer. He submits that the intervenor was although holding charge of Executive Engineer but his substantive post is Assistant Engineer, therefore, transfer of the intervenor to the post of Assistant Engineer is not inter-se transfer at Water Resource Rajgarh because it is not affecting his transfer because he is holding the post of Assistant Engineer. He further submits that this petition has been filed by the petitioner against cancellation of order dated 12.07.2019 (Annexure P-8) whereas from the application submitted by the intervenor he himself has stated in paragraph 2 of his application that his order was cancelled on 19.07.2019. As per the petitioner on the date of filing the petitioner no cause of action accrued in favour of the intervenor and, therefore, he has no right to challenge or intervene in the matter.