VISHAL MISHRA
Arun Shrivastava – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
Vishal Mishra, J.
1. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been heard and decided through video conferencing to maintain social distancing.
2. With the consent of the parties, the matter is finally heard. The present petition is being filed under Article 226 of the Constitution of India seek following reliefs:-
7.2 That, other relief which is deem fit in the nature of case may kindly be awarded in favour of the petitioner."
3. The present petition is being filed being aggrieved by the transfer and relieving-cum-attachment order dated 08.01.2021, whereby the petitioner has been shifted/transferred from the High Court Civil Dispensary to the Civil Surgeon-cum-Chief Hospital Superintendent, Gwalior. It is submitted that the order impugned is contrary to the directions issued in the Public Interest Litigation being W.P. No. 1416/2017 (The High Court Bar Association Vs. The State of M.P. and Othe
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The main legal point established is that transfer orders can only be interfered with in limited conditions, and compliance with guidelines and directions given by the court in previous litigations is....
Transfer orders must align with public interest and established norms; courts can intervene if government action is arbitrary.
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