SHIV PRASAD DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 8.7.2019 passed by respondent No. 2 by which the petitioner has been transferred from the Office of Superintendent of Police, Ashoknagar to the Office of Superintendent of Police Niwadi.

(2.) It is submitted by the counsel for the petitioner that although the petitioner has already remained at the present place of posting from the year 2006 but the petitioner cannot be transferred unless and until his transfer order is issued by the Transfer Board. It is further submitted that the petitioner is suffering from serious ailments of spinal cord and is under continuous treatment. Earlier the petitioner was transferred from Ashoknagar to Datia which was challenged by him and an interim protection was granted and thereafter the Department itself recalled the transfer order. The counsel for the petitioner also relied upon the judgment passed by the Division Bench of this Court in the case of Sher Singh Badoniya v. State of M.P. and Ors. reported in 2019 (2) M.P.L.J.C.7 (M.P.).

(3.) Per contra, it is submitted by the counsel for the respondents that according to the petitioner himself he is posted in the Office of Superintendent of Police, Ashoknagar from the year 2006. Thus he has completed more than 13 years of his stay at Ashoknagar.