SANTOSH KUMAR SIHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 4/9/2019 passed by Deputy Secretary, Urban Administration and Housing Department, by which the representation made by the petitioner for cancellation of his transfer against the order dated 22/6/2019 has been rejected.

(2.) This case has an exchequered history. The petitioner is working on the post of Revenue Sub Inspector, whereas the respondent no.3 is also working on the post of Revenue Sub Inspector. By order dated 20/6/2019, the petitioner was transferred from Municipal Council, Datia to Municipal Council, Jaura, District Morena on the post of Incharge Chief Municipal Officer. By the same order, the respondent no.3, who was working on the post of Incharge Chief Municipal Officer, Municipal Council, Jaura, District Morena was directed to work Santosh Kumar Sihare Vs. The State of M.P. and others on his substantive post in the same Municipality. It appears that on 22/6/2019 the petitioner was relieved from Municipal Council, Datia and accordingly, he submitted his joining at his transferred place on 22/6/2019 itself. The President, Municipal Council, Jaura, District Morena also accepted the joining of the petitioner by passing an order dated 22/6/2019 itself. It appears that by order dated 22/6/2018 the transfer order of the petitioner as well as of respondent no.3 was cancelled, which was challenged by the petitioner by filing a petition before this Court, which was registered as Writ Petition No.12388/2019. The said writ petition was disposed of by order dated 15/7/2019 with the following observations:-

(3.) It appears that the respondent no.3 filed a review petition, which was registered as R.P. No.987/2019 and the same was disposed of by order dated 29/7/2019 with the following observations:-