LAWS(MPH)-2019-7-151

SNEHA MISHRA Vs. STATE OF M.P.

Decided On July 04, 2019
Sneha Mishra Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner who is posted as Chief Municipal Officer, Nagar Parishad, Kymore, District Katni under Article 226 of the Constitution of India against the order dated 9.2.2019 passed by respondent No.1 i.e. Principal Secretary, Urban Development and Housing Department, Vallabh Bhawan, Bhopal, whereby the services of the petitioner have been transferred from Katni to Municipal Council, Barwah, District Khargone and vide the same order, respondent No.3. Shri Sanjay Samundare, Revenue Sub Inspector (Moharrir), In-charge Chief Municipal Officer), Nagar Parishad, Hindoriya has been transferred to Nagar Parishad Kymore as In-charge Chief Municipal Officer.

(2.) The aforesaid order has been assailed by the petitioner on the ground that the petitioner has not completed three years tenure at the present place of posting as he was posted at Kymore only on 30.12.2016 and joined her duties therein on 20.01.2017.

(3.) It is further submitted that the petitioner's transfer order has been passed only to accommodate respondent No.3 Shri Sanjay Samundare, who is presently posted as Revenue Sub Inspector (Moharrir) is In-charge Chief Municipal Officer, Nagar Parishad, Hindoriya. The other ground which has been raised by the petitioner is that even otherwise, respondent No.3 who is Revenue Sub Inspector is an employee of the Municipal Corporation and not of a Municipal Council, thus, could not have been appointed on the post of Incharge, Chief Municipal Officer of Muinicipal Council.