BHAGWAN SINGH LODHI Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the transfer order dated 8th March, 2019 (Annexure P1) by which the petitioner has been transferred from Gram Panchayat Bukarra, Janpad Panchayat Khaniadhana, District Shivpuri to Gram Panchayat Mamrouni, Janpad Panchayat Khaniadhana, District Shivpuri.

(2.) It is submitted by the counsel for the petitioner that the petitioner is working on the post of Panchayat Secretary and because of political reasons, he has been transferred to Gram Panchayat Mamrouni, Janpad Panchayat Khaniadhana, District Shivpuri. The transfer of the petitioner is in violation of the transfer policy. Although the transfer order was signed by the Collector on 07 th March, 2019, but it was issued on 08th March, 2019, which clearly shows that the transfer order is manipulated and an ante-dated document. Considered the submission made by the counsel for the petitioner.

(3.) From the order dated 08th March, 2019, it is clear that the said order was signed by the Collector on 07th March, 2019, whereas it was dispatched on 08 th March, 2019. Thus, it is clear that mere dispatch of the letter on the next day would not make the order of the Collector vulnerable. So far as the violation of transfer policy is concerned, the petitioner could not point out as to how the transfer policy has been violated. Furthermore, the transfer policy being an executive instruction, is not enforceable. So far as the transfer of the petitioner because of political interference is concerned, the Supreme Court in the case of Mohd. Masood Ahmad vs. State of U.P. & Ors. reported in (2007) 8 SCC 150 has held as under:-