Jabalpur Deputy Collector’s petition challenging legality of transfer order dismissed
| Date :06-Apr-2019 |
Legal Correspondent:
A DIVISION bench of Madhya Pradesh High Court comprising Chief Justice S K Seth and Justice Vijay Kumar Shukla has dismissed petition filed by Pramod Sengupta, Deputy Collector, Jabalpur, challenging legality and validity of transfer order dated on March 4, 2019, passed by the respondent Deputy Secretary, General Administration Department, Bhopal, whereby he has been transferred in the same capacity from Jabalpur to Balaghat district. 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. In regard to the first ground of frequent transfer, it is contended that by order dated on June 9, 2015, the petitioner was transferred from Ujjain to Dindori district.
Thereafter by another order dated on October 13, 2016, he was transferred from Dindori to Jabalpur district. Thus, the petitioner has been subjected to transfer orders within a short span of four 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 two-and-half years, therefore, the contention that the petitioner has been subjected to frequent transfer or victimised cannot be accepted. All the transfer orders have been issued on administrative exigency. Next submission of the learned counsel for the petitioner is that the petitioner was assigned election duty, therefore, he could not have been transferred. Advocate Varun Tankha with Advocate Shivendra Pandey appeared on behalf of the petitioner, while Government Advocate Sourabh Sunder appeared for the respondent State.