KALPANA KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 8.3.2019 passed by the respondent by which the petitioner has been transferred from Shivpuri to Datia.

(2.) It is submitted by the counsel for the petitioner that the petitioner was posted as Naib Tahsildar and by order dated 18.7.2018 she was transferred to Shivpuri. It is submitted that by order dated 8.3.2019 now the petitioner has been transferred from Shivpuri to Datia which amounts to frequent transfer. It is further submitted that on 8.1.2019, the petitioner was granted maternity leave for a period of 180 days (six months) and since the petitioner is on leave, therefore, she should not have been transferred from Shivpuri. It is further submitted that the Election Commission of Madhya Pradesh has issued an instruction dated 15.3.2019 that the persons who have already been transferred prior to the imposition of Model Code of Conduct but has not been relieved so far, then they should not be relieved.

(3.) Heard the learned counsel for the petitioner.