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2001 Supreme(MP) 321

S.K.KULSHRESTHA
Lakhanlal Sahu – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
K.C.Ghildiyal, RAJENDRA TIWARI, V.S.CHOUDHARY,

Judgment

( 1. ) BY this petition, the petitioner has challenged the order dated 7-12-2000 (Annexure P-10), by which he has been transferred in the same capacity till further orders on deputation to Municipal Corporation, Gwalior from Municipal Corporation, Sagar. Initially he had challenged his transfer on the ground that as the petitioner was officiating on the post of Executive Engineer and was in receipt of pay for the said post, the transfer of the petitioner as Assistant Engineer had the effect of lowering his status and putting him in a disadvantageous position in respect of pay and allowances but later by an amendment it has also been challenged on the ground that if Sub-sections (5) and (6) of Section 58 of the M. P. Municipal Corporation Act, 1956 (hereinafter referred to as the act) are read conjointly, the State Government can order such transfers without the consent of the employee concerned of the Corporation only in exceptional cases. Reference has also been made to a Full Bench decision of this Court in Indore N. N. K. Congress and Anr. v. State of Madhya Pradesh and Anr. (1998 (1) MPLJ 449 = 1998 (1) JLJ 326) that the power is to be exercised with caution and sparing


















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