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MOHAMMAD RAFIQ, SUJOY PAUL
RADHESHYAM MANDLOI – Appellant
Versus
STATE OF M. P. – Respondent
ORDER SUJOY PAUL, J. – The core issue raised in this intra Court appeal is whether the order dated 18-3-2021 (Annexure P/1) passed by the respondent No. 2 is legal and justifiable whereby the appellant who was holding the substantive post of Chief Municipal Officer, Nagar Palika Parishad, Barwaha, District Khargone is transferred to the post of Dy. Commissioner, Nagar Palika Nigam, Ratlam and in-lieu thereof respondent No. 2, a Revenue Inspector is transferred as Incharge Chief Municipal Officer, Nagar Palika Parishad, Barwaha.
2. The appellant filed W. P. No. 7114/2021 to assail the said transfer order dated 18-3-2021. The transfer order was assailed on various grounds which are reproduced by learned Single Judge in para two of the impugned order dated 24-3-2021.
3. Shri A. K. Sethi, learned Sr. Counsel for appellant submits that although the writ Court in its order mentioned the main ground of challenge i.e. the appellant a substantive CMO could not have been substituted by Revenue Sub Inspector, did not specifically decided this point. By taking this Court to the Recruitment Rules namely M. P. State Municipal Service (Executive) Rules, 1973 (for short “Recruitment Rules”) it is
The main legal point established in the judgment is that the transfer of a public servant from a significant post can be prejudicial to the public interest if the successor is not suitable for the po....
A temporary appointee does not have the right to contest administrative transfer decisions under the Transfer Guidelines, as these do not apply in temporary situations.
Internal work adjustments between inter-transferable posts like Accountant and Assistant within same office are not transfers requiring competent authority under service rules.
IPS officer in downgraded cadre post lacks tenure protection under Rule 7(c); must yield to eligible cadre officer per Rule 9(1)(a) proviso, interpreted contextually to avoid absurdity, prioritizing ....
Government servants do not have a vested right to remain in a post; transfers must adhere to established guidelines and require prior approval from the Chief Minister to prevent arbitrary actions.
The essential qualifications for a designation and the applicability of previous judgments in similar cases.
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