( 1. ) IN this appeal preferred under Section 2 (2) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the legal propriety and pregnability of the order dated 7-9-2006 passed by the learned single Judge in W. P. No. 12585/2006 is called in question.

( 2. ) BEREFT of unnecessary details, the facts which are requisite to be expo sited are that the appellant-petitioner (hereinafter referred to as the appellant) that the appellant, a Town Inspector, had been subjected to transfer on many an occasion. While he was posted at Katni he was transferred to jabalpur by order dated 10-7-2006. Thereafter by order dated 25-8-2006 her has been directed to join in Lokayukt Organisation at Bhopal. ( 3. ) THE said order of transfer was assailed in the writ petition before the learned Single Judge on the ground that he has been subjected to frequent transfer which reeks of malafide and further he has been deputed to Lokayukt organization without his consent though the same is impermissible. It was urged before the learned Single Judge that his consent was a pre- requisite as it is a foreign service and that having not been done the order of transfer is absolutely vulnerable.

( 4. ) THE learned Single Judge referred to his earlier order passed in w. P. No. 12064/05 (s) wherein proviso to FR-110 (a) was considered and the decision rendered in State of U. P. and others Vs. Ram Naresh Lal, AIR 1970 SC 1263, and expressed the opinion that Lokayukt is an establishment created by the State under an Act and, therefore, it cannot be said that it is not an intra departmental transfer. He further came to opine that consent of the appellant was not necessary. The learned Single Judge further observed that the decision rendered in W. P. No. 12064/04 (s) was challenged in a Special Leave Petition and the Apex Court has dismissed the same on the aforesaid bedrock the writ petition was dismissed.

( 5. ) MR. A. M. Trivedi, learned Senior Counsel along with Mr. Greeshm jain, appearing for the appellant has raised the following contentions:-

(a) The Lokayukt Organization having been brought into existence under the Madhya Pradesh Lokayukt Evam up- Lokayukt Adhiniyam, 1981 (hereinafter referred to as 1981 Act) cannot be regarded a department of the government and, therefore, the transfer to the said organisation would tantamount to foreign service. (b) The frequent transfers passed by the authorities go a long way to show that order of alleged transfer is a motivated one and replete with malafide. (c) The learned Single Judge has fallen into grave error by stating that the order passed by him has been affirmed by the Apex Court inasmuch as the SLP has been dismissed in limine. When a special leave petition is dismissed in limine, the same is not to be regarded as a precedent under Article 141 of the Constitution of India.

( 6. ) MR. T. S. Ruprah, learned Additional Advocate General for the state,per contra, contended that the order passed by the leaned Single Judge is absolutely presentable and does not warrant any interference inasmuch as the lokayukt by no stretch of imagination be kept out of the purview of the conception of Government and, therefore, it cannot be held to be a foreign service requiring consent of the incumbent. It is further put forth by the learned counsel that as the order passed by the learned Single Judge has been given the stamp of approval by the Apex Court in SLP this Court is not required to dwell upon the status of Lokayukt organisation.

( 7. ) IT is not in dispute that Office of Lokayukt has been constituted under the 1981 Act. Section 3 of the Act which deals with the appointment of lokayukt and Up- Lokayukt reads as under:-

"3. Appointment of Lokayukt and Up- Lokayukt.- (1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukt and one or more persons to be known as