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2013 Supreme(MP) 1230

SUJOY PAUL
Swati Singh – Appellant
Versus
M. P. Kshetra Vidyut Vitran Co. Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Shri D.K. Katare, Advocate
For Respondents/Defendant:Shri Vivek Jain, Advocate for the Respondents No. 1 to 3 , Shri Pawan Dwivedi, Advocate for the Respondent No. 4

Judgment:

Sujoy Paul, J.;—

1. By filing this petition under Article 226 of the Constitution, the petitioner has challenged the transfer order dated 12.08.2013 (Annexure P/1), whereby she is transferred from Gwalior to Bhopal and in lieu thereof, respondent No. 4 is transferred from Bhopal to Gwalior. Learned counsel for the petitioner submits that the transfer order is against the transfer policy and it is not issued in any administrative exigency. In fact transfer order is malafide in nature. To elaborate, Shri D.K. Katare, learned counsel for the petitioner submits that petitioner was transferred from Bhopal to Gwalior by order dated 29.06.2012 (Annexure P/2). In obedience of this order, the petitioner joined at Gwalior. She worked at Gwalior with utmost sincerity and devotion. Her work at Gwalior was highly appreciated. By placing reliance on Annexure P/17 dated 11.04.2013, it is contended that the Managing Director appreciated the excellent performance of the petitioner. By drawing attention of this Court on clause 2 of the transfer policy dated 30.05.2013 (Annexure P/4), it is submitted that the petitioner could not have been transferred before completion of three years of perio





































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