JYOTI SUNERE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner, who is the Chief Municipal Officer, Municipal Council, Mandideep, District Raisen, under Article 226 of the Constitution of India against an order dated 20.6.2019 (Annexure P/4) passed by the respondent No.1 ? Principal Secretary, Urban Development & Housing Department, Bhopal whereby the petitioner's services have been transferred from Mandideep, District Raisen to Municipal Council, Hata, District Damoh. In the same order, the respondent No.4, who is the Assistant Manager, Industries Department and presently employed as In-charge, Chief Municipal Officer, Seoni-malwa, has been transferred to the place of the petitioner.

(2.) The aforesaid order has been challenged by the petitioner on the ground that it is a case of frequent transfer, as on earlier occasion, the petitioner was transferred on 8.5.2017 (Annexure P/2) from the post of Chief Municipal Officer, Municipal Council, Gotegaon, District Narsinghpur to the post of Project Officer, District Urban Development Authority, Sanchi, Raisen and thereafter, on 22.11.2018 (Annexure P/3), she was again transferred from the office of the Urban Development Authority, Sanchi, Raisen to the post of Chief Municipal Officer, Mandideep, Municipal Council, District Raisen and subsequently, vide order dated 20.6.2019 (Annexure P/4) the petitioner has been again transferred from Mandideep, District Raisen to the post of Chief Municipal Officer, Municipal Council, Hata, District Damoh, which is under challenge in this petition.

(3.) Learned counsel for the petitioner has submitted that the aforesaid order of transfer has been passed only to accommodate the respondent No.4, who happens to be the husband of an Ex-MLA. It is further submitted that even otherwise the original posting of the respondent No.4 was as Assistant Manager of the Industries Department and therefore, he could not have been brought into the services of Municipal Council and given the post of In-charge Chief Municipal Officer as he does not belong to the State Municipal services. Learned counsel has relied upon Section 87 and 94(7) of the M.P. Municipalities Act, 1961. Learned counsel has also referred to the judgments of the Apex Court rendered in the cases of E.P. Royappa v. State of Tamil Nadu and Another (1974) 4 SCC 3, N.K. Singh v. Union of India and others (1994) 6 SCC 98 and Somesh v. Union of India and others (2009) 2 SCC 592. He has also placed reliance upon a judgment of this Court rendered in the case of Rajesh Kumar Shakya v. State of M.P. and another, 2010 (1) MPLJ 656.