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W.A.No.1013/11
G.D.Bhandari State of M.P. & others
12.10.2011
Shri M.P. Shukla, Counsel for appellant.
Shri Swapnil Ganguly, Counsel for respondents No.1 & 2.
Shri Pushpendra Yadav, Counsel appears for intervener
R.K.Jain by filing caveat whose name has already been deleted
from the array of respondents in the cause title of this appeal.
The appellant has challenged an order dated 26.9.2011
passed by the learned Single Judge by which Writ Petition
No.15238/11(s) filed by the appellant/petitioner against the
transfer order Annexure P/1 dated 2.9.2011 was dismissed on
the ground that aforesaid transfer order has been cancelled by
the State and the petitioner was accommodated at Khandwa
itself.
This order has been assailed by the appellant on the
following grounds:-
(i) That, the appellant was Incharge Executive Engineer at
Khandwa, Building and Road, in the office of the Executive
Engineer, Division Khandwa from where he was transferred as
Assistant Engineer in the office of the Chief Engineer, Western
Zone, Public Works Department, Indore on the DO letter of the
Collector, Khandwa. That, within a period of 1½ months,
appellant was transferred from Khandwa to Indore.
(ii) Though respondent No.1 has cancelled the transfer order
(Annexure P/1) by order dated 9.9.2011 (Annexure R/1), but in
place of sending back the petitioner to the same post as
Incharge, Executive Engineer, Public Works Department,
Building and Road, Division Khandwa, appellant has been
posted as Assistant Engineer in the office of Superintending
Engineer, Khandwa.
It is submitted that both the orders Annexure P/1 and R/1
may be quashed.
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W.A.No.1013/11
G.D.Bhandari State of M.P. & others
12.10.2011
We have perused the order passed by the learned Single
Judge. The learned Single Judge found that the order dated
2.9.2011 Annexure P/1 was modified and vide order dated
9.9.2011 Annexure R/1, appellant’s transfer order was cancelled
and he was posted at Khandwa on the substantive post of
Assistant Engineer and in his place, intervener R.KJain was
posted as Incharge Executive Engineer, Khandwa. Though it
appears that as per DO letter, appellant was transferred but now
transfer order has been cancelled and appellant has been
posted at Khandwa itself on his substantive post of Assistant
Engineer in the office of Superintending Engineer, PWD, B&R,
Khandwa.
So far as contention of the appellant that some junior has
been assigned the charge of Executive Engineer at Khandwa
and he has been posted as Assistant Engineer, Khandwa is
concerned, learned Single Judge in the order has reserved the
right to the appellant to make a representation in this regard to
the appropriate authority who has been directed to consider the
grievance of the appellant in accordance with law. In the
aforesaid order, we do not find any error warranting our
interference in the appellate jurisdiction. The learned Single
Judge has rightly dismissed the writ petition because appellant’s
transfer order has been cancelled and he has been retained at
Khandwa itself. So far as second grievance of the appellant is
concerned, appellant may make a representation to the
competent authority who shall consider the grievance of the
appellant in accordance with law.
With the aforesaid observations, this appeal is dismissed
with no order as to costs.
(Krishn Kumar Lahoti) (Smt.Vimla Jain) C. Judge Judge
