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2024 Supreme(Online)(MP) 20549
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 15th OF APRIL, 2024
WRIT PETITION No. 16292 of 2023
BETWEEN:-
AVDESH PRATAP SINGH S/O SHRI RAVINDRA SINGH,
AGED
ABOUT
30
YEARS, OCCUPATION: PATWARI
HALKA NO. 32 SEWARA SEVARI REVENUE CIRCLE
SAGAR GRAMIN 01 TAHSIL SAGAR GRAMIN SAGAR
DISTRICT SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN KUMAR VERMA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2.
COLLECTOR BHOO ABHILEKH DISTRICT SAGAR
(MADHYA PRADESH)
3.
SUPDT. LAND RECORD SAGAR SAGAR (MADHYA
PRADESH)
4.
UPPER COLLECTOR SAGAR SAGAR (MADHYA
PRADESH)
5.
COMMISSIONER
LAND
RECORD
AND
SETTLEMENT OFFICE MOTI MAHAL GWALIOR
(MADHYA PRADESH)
6.
MR. PRADEEP LARIYA MLA VIDHAN SABHA
NARIIYAWALI VIDHAN SABHA REGION NO. 40
DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI TEJ KUMAR MODH -
ADVOCATE FOR RESPONDENT NO.6)
1
Signed by: PUSHPENDRA
PATEL
Signing time: 15-04-2024
19:11:05
Signature Not Verified
WRIT PETITION No. 16294 of 2023
BETWEEN:-
ASHEESH TIWARI S/O SHRI LOKNATH TIWARI, AGED
ABOUT 40 YEARS, OCCUPATION: PATWARI HALKA NO.
37 MOHLI REVENUE CIRCULE SAGAR GRAMIN 01
TAHSIL SAGAR GRAMIN SAGAR DISTRICT SAGAR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN KUMAR VERMA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2.
COLLECTOR BHOO ABHILEKH DISTRICT SAGAR
(MADHYA PRADESH)
3.
S U P D T. LAND
RECORD DISTRICT
SAGAR
(MADHYA PRADESH)
4.
UPPER
COLLECTOR
SAGAR DISTRICT SAGAR
(MADHYA PRADESH)
5.
COMMISSIONER,
LAND
RECORD
AND
SETTLEMENT OFFICE MOTI MAHAL, GWALIOR
(MADHYA PRADESH)
6.
MR. PRADEEP LARIYA, MLA VIDHAN SABHA
NARIIYAWALI VIDHAN SABHA REGION NO.40
DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI TEJ KUMAR MODH -
ADVOCATE FOR RESPONDENT NO.6)
WRIT PETITION No. 21304 of 2023
BETWEEN:-
SMT. SONAM BADAL(DUBEY) W/O SHRI MUDIL DUBEY,
AGED
ABOUT
29
YEARS, OCCUPATION: PATWARI
HALKA NO. 18, PASTAN SIRCLE, NIRIAVALI, TEHSIL
SGAR RURAL DISTRICT SAGAR (MADHYA PRADESH)
2
Signed by: PUSHPENDRA
PATEL
Signing time: 15-04-2024
19:11:05
Signature Not Verified
.....PETITIONER
(BY SHRI PRAVEEN KUMAR VERMA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2.
COLLECTOR BHOO ABHILEKH DISTRICT SAGAR
(MADHYA PRADESH)
3.
SUPERINTENDENT
LAND
RECORD DISTRICT
SAGAR (MADHYA PRADESH)
4.
UPPER COLLECTOR DISTRICT SAGAR (MADHYA
PRADESH)
5.
COMMISSIONER
LAND
RECORD
AND
SETTLEMENT OFFICE MOTI MAHAL GWALIOR
(MADHYA PRADESH)
6.
MR.
PRADEEP
LARIYA MLA VIDHAN SABHA
NARIIYAWALI VIDHAN SABHA REGION NO. 40
DISTRICT (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI TEJ KUMAR MODH -
ADVOCATE FOR RESPONDENT NO.6)
WRIT PETITION No. 22973 of 2023
BETWEEN:-
SACHIN SINGH THAKUR S/O SHRI GAJENDRA SINGH
THAKUR,
AGED
ABOUT
31
YEARS, OCCUPATION:
PATWARI HALKA NO. 19 BHAPEL TAHSIL SAGAR
DISTRICT SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN KUMAR VERMA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
3
Signed by: PUSHPENDRA
PATEL
Signing time: 15-04-2024
19:11:05
Signature Not Verified
2.
COLLECTOR, BHOO ABHILEKH DISTRICT SAGAR
(MADHYA PRADESH)
3.
SUPDT.
LAND
RECORD, DISTRICT
SAGAR
(MADHYA PRADESH)
4.
UPPER COLLECTOR DISTRICT SAGAR (MADHYA
PRADESH)
5.
COMMISSIONER
LAND
RECORD
AND
SETTLEMENT OFFICER MOTI MAHAL GWALIOR
(MADHYA PRADESH)
6.
MR.
PRADEEP
LARIYA MLA VIDHAN SABHA
NARIIYAWALI VIDHAN SABHA REGION NO. 40
DISTRICT (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI TEJ KUMAR MODH -
ADVOCATE FOR RESPONDENT NO.6)
WRIT PETITION No. 24192 of 2023
BETWEEN:-
MUKESH VERMA S/O SHRI DASHRATH VERMA, AGED
ABOUT 30 YEARS, OCCUPATION: PATWARI HALKA NO.
2 CHNDAMAU TEHSIL SAGAR DISTRICT SAGAR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN KUMAR VERMA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY REVENUE DEPARTMENT
VALLABH BHAWAN, DISTRICT BHOPAL (MADHYA
PRADESH)
2.
COLLECTOR BHOO ABHILEKH DISTRICT SAGAR
(MADHYA PRADESH)
3.
SUPDT.
LAND
RECORD DISTRICT
SAGAR
(MADHYA PRADESH)
4.
UPPER COLLECTOR DISTRICT SAGAR (MADHYA
PRADESH)
4
Signed by: PUSHPENDRA
PATEL
Signing time: 15-04-2024
19:11:05
Signature Not Verified
5.
COMMISSIONER,
LAND
RECORD
AND
SETTLEMENT OFFICE MOTI MAHAL, GWALIOR
(MADHYA PRADESH)
6.
MR. PRADEEP LARIYA, MLA VIDHAN SABHA
NARIIYAWALI
VIDHAN SABHA REGION NO.40
DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 TO 5-STATE AND SHRI TEJ KUMAR MODH -
ADVOCATE FOR RESPONDENT NO.6)
These petition coming on for admission this day, the court passed the
following:
Praveen Kumar Verma,Advocate General
ORDER
These writ petitions are filed by the petitioners, whereby petitioners have been transferred from one place to another vide orders dated 07.07.2023 (Annexure P-1) on the recommendation of MLA Shri Engineer Pradeep Lariya.
2. Petitioners' contention is that the transfer orders have been issued at the instance of the MLA, so to adjust persons according to his sweet will.
3. Shri Manas Mani Verma, learned Government Advocate places reliance on the judgment of Hon'ble Supreme Court in case of Mohd. Masood Ahmad Vs. State of Uttar Pradesh, (2007) 8 SCC 150 and reading para 8, it is submitted that transfer at the instance of MLA, cannot be said to be arbitrary or illegal, inasmuch as, transfer is an incident of service.
4. Shri Tej Kumar Modh, learned counsel appearing for the respondent - MLA Shri Engineer Pradeep Lariya, places reliance on the decision of Hon'ble Supreme Court in Sri Pubi Lombi Vs. The State of Arunachal Pradesh and others, (Civil Appeal No.4129 of 2024, decided on 13.03.2024). 5. The ratio of law laid down by Hon'ble Supreme Court in Mohd. Masood Ahmad (supra) is that if there are complaints and then, those complaints are brought to the notice of the authorities by the MLA then, transfer of an employee from one place to another on the basis of such complaints, is an incident of service and, therefore, no interference can be caused by the High Court.
6. In case of Sri Pubi Lombi (supra), Hon'ble Supreme Court has referred to the said judgment of Mohd. Masood Ahmad (supra) and has also referred to the judgment in case of State of Punjab Vs. Joginder Singh Dhatt, AIR 1993 SC 2486 to hold that it is entirely for the employer to decide when, where and at what point of time a public servant is transferred from his present posting. That being through, the fact of the matter is that opinion of the competent authority should not be tinted by any extraneous fact.
7. When Shri Manas Mani Verma, learned Government Advocate is requested to show from the record that there were complaints in regard to discharge of work of the petitioners and that was brought on record by the concerned MLA Shri Engineer Pradeep Lariya then, he fairly submits that he is not having any such material on record.
8. Thus, the ratio of the law, both in cases of Mohd. Masood Ahmad (supra) and Sri Pubi Lombi (supra), is that an MLA being a representative of the public, has a right to bring on record, complaints against a public servant, that may be considered by the competent authority to transfer a public servant from one place to another.
9. However, in the present case, there is a one page recommendation, without giving any reasons for seeking transfer of the petitioners as is contained in letter dated 06.07.2023 (Annexure P-6). That has been signed by the Additional Collector, Sagar on dotted lines while issuing order of transfer dated 07.07.2023 (Annexure P-1) and also relieving the petitioners simultaneously. There is stay on the said transfer order for about ten months.
10. In view of such facts, impugned orders of transfer dated 07.07.2023 are hereby quashed. However, liberty is reserved in favour of the State to pass fresh orders, if exigency of administration so requires.
11. In above terms, these writ petitions are disposed of. (VIVEK AGARWAL) JUDGE pp Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 15-04-2024 19:11:05
