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2015 Supreme(MP) 652

A.M.KHANWILKAR, J.K.MAHESHWARI
Mridul Kumar Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
V.K. Shukla for appellant; Samdarshi Tiwari, Deputy Advocate General for respondents/State.

JUDGMENT

1. This is yet another writ appeal questioning the decision of the learned Single Judge who has rejected the writ petition challenging the transfer order dated 18.5.2015, transferring the appellant from District – Umaria to District – Sidhi. Learned Single Judge whilst rejecting the writ petition has, however, observed that the appellant is free to pursue representation before the appropriate authority.

2. The argument before us is that the learned Single Judge has committed error in not giving the same benefit as given by the coordinate Bench (another Single Judge) on the same day. Reliance is placed on the order dated 4.8.2015 passed in Writ Petition No.12705/2015, wherein the coordinate bench observed that till the representation of the writ petitioner in that case was decided by the appropriate authority, the transfer order shall remain stayed. Indeed, that order was passed inspite of rejecting the relief claimed in the said writ petition questioning the transfer order.

3. Notably, both the orders are passed by the Single Bench of this Court and, therefore, cannot be cited as binding precedent in this intra Court appeal before the Division Bench. More so, the legal positi






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