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2009 Supreme(MP) 1114

SHANTANU KEMKAR
Rajesh Kumar Shakya – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A. K. Sethi, Senior Counsel with Rahul Sethi
For Respondents/Defendant:S. S. Garg, For respondent No. 1, L.N. Soni, Senior Counsel with Mukesh Kumawat, Government Advocate For respondent No. 2

ORDER

Shantanu Kemkar, J.

1. It has been stated by learned counsel for the parties that pleadings are complete.

With consent heard finally.

Petitioner is working on the post of Chief Executive Officer in the Panchayat and Rural Development Department of the Government of Madhya Pradesh. He has been transferred from Barwaha to Mhow vide order dated 28-10-2009 (Annexure P-1) and the second respondent a Block Development Officer has been posted at his place as In-charge Chief Executive Officer. Aggrieved the petitioner has filed this petition.

2. The case of the petitioner is that he has been subjected to frequent transfers inasmuch as, firstly, he was transferred at his own request from Badnawar to Sonkatch on 28-2-2009, thereafter he was transferred for the reasons of administrative exigency on 29-8-2009 from Sonkatch to Barwaha which order he duly complied with on 25-9-2009. Again he has been transferred vide impugned order dated 28-10-2009 from Barwaha to Mhow. According to him the impugned transfer order is not bona fide and has been passed to accommodate and bring back the second respondent to Barwaha, who was transferred from Barwaha to Sonkatch very recently vide order dated 29-8-2








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