RAJESH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is heard finally.

(2.) By the instant petition, the petitioner is questioning the validity of the order dated 04.07.2019 (Annexure-P/2) on the ground of competency, whereby, the petitioner has been directed to be transferred from Gotegaon to Bhind. The order impugned has been issued by the Additional Director (Personnel), although the order contained approval of the Managing Director.

(3.) The learned Senior counsel for the petitioner submits that in view of provisions of Section 65 of M.P. Krishi Upaj Mandi Adhiniyam, 1972, the provision of delegation of power is there and the State Government may delegate the power to any of the officers of the State Government not below the rank of Managing Director in respect to the service condition of the petitioner. However, sub-section (2) of Section 65 further provides that the Managing Director may delegate to any officer of the State Mandi Board Service any of the powers conferred on him by or under this Act. He further submits that in view of Regulation 93, the Managing Director may also sub-delegate the power to any of the officers not holding the post below the rank of Deputy Director. He further points out that the Managing Director has also delegated the power and in view of Chart (Annexure-P/3) showing distribution of work and delegation of power in which Clause 6 very categorically provides that the Managing Director has retained the power of transfer of the employee with himself and the transfer would be done by him only according to the transfer policy or on administrative exigency. He further submits that in view of such delegation of power, it is clear that the Managing Director has not sub- delegated the powers of transfer of employees to any other officer and accordingly the order impugned is illegal and issued by the authority having no competence for the same.