VIRENDRA KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 5/7/2019 passed by respondent No. 2, by which the petitioner has been transferred from Gram Panchayat Bamra Block Pohari to Gram Panchayat Manka Block Khaniyadhana.

(2.) Challenging the order passed by the respondent No. 2, it is submitted by the counsel for the petitioner that in view of Rule 6(7) of the M.P. Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011, the transfer policy has assumed the shape of a statutory provision, as the same has been adopted by the commissioner. It is further submitted that the transfer order of the petitioner could not have been passed without the approval of the incharge Minister, as provided under Clause 5 of the transfer policy. However, during the course of arguments it is fairly conceded by the counsel for the petitioner that the petitioner has already completed more than three years at the present place of posting.

(3.) Heard learned counsel for the petitioner.