POOJA JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) He is heard on the question of admission. Petitioner is aggrieved by order dated 08.03.2019 whereby she has been transferred in the same capacity on administrative ground from the post of Chief Executive Officer, Janpad Panchayat Niwari to Murar, District Gwalior. The transfer order is assailed on the ground that petitioner entered the Government service after her selection by the M.P. Public Service Commission as Chief Executive Officer, Janpad Panchayat and her first posting was at Tikamgarh Janpad Panchayat, District Tikamgarh. From Janpad Panchayat Tikamgarh she was transferred to Janpad Panchayat Niwari by order dated 01.08.2018 passed by the Commissioner, Sagar Division, Sagar. In compliance of the order of transfer from Tikamgarh to Niwari, petitioner submitted her joining on 06.08.2018.

(2.) Submission of counsel for the petitioner is that petitioner has barely completed 07 months at Niwari and by the order impugned, she has been transferred to Murar, District Gwalior. Thus, the contention of learned counsel for the petitioner is that petitioner is a victim of frequent transfer.

(3.) The second ground to assail the transfer order is that the order impugned is violative of clause (c) of the communication dated 11th December, 2018 issued by the Dy. Election Commissioner of the Election Commission of India. The next ground urged is that the person who has been transferred in her place is only a Block Development Officer and he has been transferred and posted at Niwari as Incharge, C.E.O. of Janpad Panchayat which is impermissible under the law and lastly it is submitted that the order impugned has not been authenticated as per requirement of Article 166 of the Constitution of India.