INDER SINGH RAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the orders dated 27/9/2019 and 1/3/2019 passed by the Commissioner, Panchayat Raj Secretariat.

(2.) The necessary facts for disposal of the present petition in short are that the petitioner is working on the post of Panchayat Coordination Officer and by order dated 1/3/2019 he was transferred from Janpad Panchayat, Ghatigaon (Barai), District Gwalior to Janpad Panchayat, Morena, District Morena. The said order was put to challenge by the petitioner by filing a writ petition No.4575/2019, which was disposed of by the coordinate Bench of this Court by order dated 8/3/2019, thereby directing the authorities to decide the representation by passing a reasoned and speaking order and till then, the effect and operation of the order dated 1/3/2019 was stayed. It appears that the petitioner made a representation on 25/9/2019 and submitted that he is the Regional Secretary of the Regional Executive of M.P. Employees Congress Union and accordingly, he is exempted from transfer for two tenures and in spite of that, the petitioner has been transferred. It was further mentioned that the petitioner has already lost his wife and the petitioner is aged about 56 years and 9 months and is a patient of high blood pressure and is a diabetic. The petitioner has to look after his old and infirm parents and there is no other member in the family of the petitioner to do so. The Commissioner, Panchayat Raj Secretariat by impugned order dated 27/9/2019 rejected the representation. Accordingly, this petition has been filed challenging the orders dated 27/9/2019 and 1/3/2019.

(3.) It is submitted by the petitioner that on 27/2/2019 he was appointed on the post of Regional Secretary of Regional Executive of M.P. Karmchari Congress and, therefore, in view of clause 11.17 of the transfer policy, he is exempted from transfer for two tenures and thus, the transfer of the petitioner is bad and in violation of the transfer policy. It is further submitted that no post is vacant in Janpad Panchayat Morena and, therefore, the transfer of the petitioner is bad and further since there is nobody to look after his old and infirm parents and, therefore, the transfer order should have been withdrawn.