LAWS(MPH)-2019-8-71

BABITA RATHORE Vs. STATE OF M.P.

Decided On August 01, 2019
Babita Rathore Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order No. 26/607/2019/Ek/11812 dated 5.7.2019 whereby she has been transferred from Nagar Palika Parishad Dharampuri, District Dhar to Nagar Palika Parishad Thandla, District Jhabua.

(2.) The petitioner has assailed the transfer order mainly on the ground that by order No.2620 dated 5.7.2019, she has been transferred from Nagar Parishad Dharampuri to Nagar Parishad Dhamnod on administrative ground by Project Officer. She was relieved and gave her joining on 17.7.2019, but the Chief Municipal Officer has refused to accept her joining because of the impugned transfer order. She has also assailed the impugned transfer order on the ground of her illness.

(3.) Learned Govt. Advocate was directed to obtain instructions in respect of two transfer orders issued by two different authorities. On instructions, Shri Sharma, learned Govt. advocate submits that the Joint Director is competent to transfer the petitioner. The Collector has no power to transfer the employee of Municipal Council. In view of the above, the impugned transfer order (Annexure P/1) issued by the Joint Director stands.