D.N. Sohgaura vs. The State Of Madhya Pradesh

D.N. Sohgaura Vs. State of MP and another.

16.10.2012.

Shri S.D. Gupta for the petitioner.

Shri Piyush Dharmadhikari, Government Advocate, for the State on advance notice.

Petitioner is working as Soil Conservation Survey Officer in the office of Assistant Soil Conservation, Sub-Division Rewa and by the impugned order-dated 1.10.2012 – Annexure P/1, petitioner has been transferred from District Rewa to District Anuppur.

Challenge to the order of transfer is made mainly on the ground that petitioner's wife is working in Bansagar Project as Assistant Grade I and if the petitioner is transferred, the husband and wife will be separated. That apart, pointing out education of petitioner's son in Rewa, challenge is made to the impugned order of transfer.

Grounds raised for assailing the order of transfer are merely violation of the transfer policy and on such consideration judicial review of an administrative order of transfer is not permissible in view of the law laid down by the Supreme Court in the case of Union of India and Others Vs. S.L. Abbas [1993(4) SCC 357], and a Division Bench of the High Court, in the case of R.S. Choudhary Vs. State of Madhya Pradesh [ILR 2007 MP 1329].

Accordingly, granting liberty to the petitioner to take recourse to the departmental remedies available, the petition is disposed of.

Certified copy as per rules.

(RAJENDRA MENON) J U D G E

Aks/-