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2010 Supreme(MP) 445

SHANTANU KEMKAR
Rajaram – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Manoj Manav for petitioner; S. S. Garg, Government Advocate, for respondents No.1 to 3; Vivek Dalal for respondent No.4.

ORDER

1. With consent heard finally.

2. Petitioner is working on the post of Sub Divisional Forest Officer in the Forest Department of the State Government. He has been sent on deputation from the post of SDO Forest, Sendhwa to Rajya Laghu Vanopaj Sangh as Deputy Manager vide order dated 10.9.2009 (Annexure P-1). Through the same order, the private respondent No.4 has been posted in place of the petitioner by amending his earlier transfer order. Aggrieved, the petitioner has filed this petition.

3. According to the petitioner he has been sent on deputation to accommodate the 4th respondent. He submits that he had joined at Sendhwa only on 20.8.2008 (Annexure P-2) and as such before completion of normal tenure of posting the impugned order could not have been issued. He further submits that the impugned order of deputation being passed without seeking his consent, the same is liable to be quashed.

4. The respondents have filed reply and have stated that M.P. Laghu Vanopaj Sangh is a wing of Forest Department of the State Government and is controlled by the Forest Department of the State Government. It is stated that the petitioner's department has not been changed and he will remain und




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