ANANDI PRASAD PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 28.2.2019 passed by the respondent No.1 thereby transferring the petitioner from Janpad Panchayat Narwar, District Shivpuri to Janpad Panchayat Naikin, District Sidhi.

(2.) It is submitted by the counsel for the petitioner that the petitioner is working on the post of Chief Executive Officer, Janpad Panchayat Narwar. By order dated 14.2.2019, the Collector who is also an Ex-officio District Returning Officer has appointed him as the Sector Officer of the area for the purposes of conducting the Lok Sabha Elections and thus he has been assigned the election duties and, therefore, he cannot be transferred without the consent of the Election Commission.

(3.) It is submitted that on 29.5.2015, the petitioner was transferred from Pohri, District Shivpuri to Ater, District Bhind and by order dated 26.5.2016, the petitioner was transferred from Ater, District Bhind to Kailaras, District Morena. Thereafter, by order dated 10.7.2017, the petitioner was once again transferred from Kailaras, District Morena to Narwar, District Shivpuri and accordingly he was relieved and he joined at Narwar, District Shivpuri. Thus within a short span of 1 and 1/2 years, the petitioner has been transferred which amounts to frequent transfer. It is submitted by the counsel for the petitioner that the transfer of the petitioner is inviolation of the transfer policy.