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2015 Supreme(MP) 377

SHEEL NAGU
Prem Kumar Pachauri – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:Prashant Sharma, Advocate.
For the Respondents:Praveen Newaskar, Dy. Govt. Advocate.

JUDGMENT :

Sheel Nagu, J.

1. This petition under Article 226 of the Constitution of India assails order dated 04/02/2015 (Annexure P-1) passed by Additional Secretary, Govt. of Madhya Pradesh, Urban Development and Environment Department, Bhopal, whereby, invoking the provisions of section 58(5) r/w section 56(6) of M.P. Municipal Corporation Adhiniyam, 1956 (1956 Act for brevity), the petitioner being Assistant Engineer has been transferred on deputation from Municipal Corporation, Gwalior to Municipal Corporation, Ujjain.

2. Learned counsel for the rival parties are heard on the question of admission.

3. The foundational factual matrix attending this case are that the petitioner holds the substantive post of Assistant Engineer at Municipal Corporation, Gwalior where he had been inducted in this cadre. Thus, the Municipal Corporation Gwalior is his parent Corporation and by the impugned transfer order the petitioner has been transferred from Municipal Corporation, Gwalior to Municipal Corporation, Ujjain.

4. Learned counsel for the petitioner assailing the above said order raised singular contention that in the cadre of Assistant Engineer the concept of transfer on deputation is foreig


























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