PRAMOD SENGUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked writ jurisdiction under Article 226 of the Constitution of India, challenging the legality and validity of the transfer order dated 04-03-2019, passed by the respondent no.3 whereby he has been transferred in the same capacity from District Jabalpur to District Balaghat. The petitioner is holding the post of Deputy Collector. The said order is challenged mainly on the ground that the petitioner has been subjected to frequent transfer without there being any administrative exigency. It is also submitted that the petitioner has been assigned election duty and therefore, the petitioner could not have been transferred in view of the directions issued by the Election Commission of India.

(2.) In regard to the first ground of frequent transfer, it is contended that by order dated 09-06-2015, the petitioner was transferred from District Ujjain to District Dindori. Thereafter by another order dated 13-10-2016, he was transferred from District Dindori to District Jabalpur. Thus, the petitioner has been subjected to 3 transfer orders within a short span of nearly 4 years. We do not find any merit in the aforesaid contention. The petitioner has already stayed at the present place of posting since 2016 more than 2 and 1/2 years, therefore, the contention that the petitioner has been subjected to frequent transfer or victimized cannot be accepted. All the transfer orders have been issued on administrative exigency.

(3.) The next submission of the learned counsel for the petitioner is that the petitioner was assigned election duty, therefore, he could not have been transferred. We do not find any merit in the said submission. On perusal of the order dated 03-01-2019 whereby the petitioner was appointed under Section 13-B of the Representation of People Act, 1950 (in short "Act of 1950), we find that the petitioner was appointed for the purpose of preparation of photo Electoral Roll for the year 2019. According to the respondents, the said work was completed on 22-02-2019. Further the transfer order was issued on 04-03-2019 whereas the Model Code of Conduct came into force w.e.f.10-03-2019, much after issuance of the impugned transfer order of the petitioner. The petitioner was also relieved in pursuant to the transfer order dated 04-03-2019 on 11-03-2019. Therefore, the instructions contained in the order dated 15-03-2019 issued by the Joint Chief Election Officer of Madhya Pradesh wound not render any help to the argument of the petitioner that he should have been allowed to continue at the present place of posting.