R.N. PARTETI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India challenges the posting/transfer order dated 23.07.2019 (Annexure P-3), whereby the petitioner is transferred from Sub-Divisional Officer (Police) Waraseoni, district Balaghat to Sub-Divisional Officer (Police), Paraswada, District Balaghat.

(2.) The petitioner has assailed the impugned order on the singular ground that the petitioner was transferred contrary to judgment of the Supreme Court reported in (2006) 8 SCC 1 (Prakash Singh and others v. Union of India and others. It is submitted that the respondents have also not followed the State Government order dated 14.02.2007 passed pursuant to the judgment of Prakash Singh (supra). He has further placed reliance on the order passed in W.P. No. 8019/2016 (Manoj Kumar Singh v. State of M.P. and others).

(3.) The contention of Shri Brijesh Choubey, learned counsel for the petitioner is that the petitioner was posted as Sub-Divisional Officer (Police), Barghat, district Seoni and vide order dated 07.08.2018, he was transferred to Sub-Divisional Officer (Police), Waraseoni, district Balaghat, where he joined on 13.08.2018. It is stated that by the impugned order, he has been transferred from Sub-Divisional Officer (Police), Waraseoni, district Balaghat to Sub-Divisional Officer (Police), Paraswada, district Balaghat within a period of two years. It is further stated that as per the government order dated 14.02.2007, the minimum tenure for the post of Sub-Divisional Officer (Police) is two years and the transfer of the petitioner runs contrary to the judgment of Prakash Singh (supra) and also the order of the Government dated 14.02.2007.