IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 18^th OF JULY, 2023

WRIT PETITION No. 16583 of 2023

BETWEEN:-

GANESH RAWAT S/O SHRI BABU LAL RAWAT, AGED

ABOUT 54 YEARS, OCCUPATION: SERVICE POSTED AS

SECRETARY IN GRAM PANCHAYAT KHERADEGWAR

JANPAD

PANCHAYAT

SABALGARH

,

MORENA

(MADHYA PRADESH)

.....PETITIONER

(BY SHRI DHARMENDRA NAYAK - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH THROUGH

PRINCIPAL

SECRETARY

VALLABH

BHAWAN

BHOPAL (MADHYA PRADESH)

2.

THE ZILA PANCHAYAT MORENA THROUGH ITS

CHIEF EXECUTIVE OFFICER DISTRICT MORENA ,

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI SHIRAZ QURAISHI - GOVERNMENT ADVOCATE)

This petition coming on for hearing this day, the court passed the

following:

ORDER

In the present matter a caveat has been filed by the Gram Panchayat,

where the petitioner is serving as Secretary. The present matter pertains to an

order of transfer dated 07.07.2023 to which the present caveator is foreign to.

Thus, this Court does not find any reason to entertain the caveator.

Accordingly, caveat application is rejected.

Present Writ Petition has been filed under Article 226 of the Constitution

1

Signed by: NEETU

SHASHANK

Signing time: 19-Jul-23

11:06:24 AM

Signature Not Verified

of India against the order dated 07.07.2023 passed by respondent No.2, CEO

Zila Panchayat, Morena, whereby the petitioner has been transferred from Gram

Panchayat Kheradegwar, Janpad Panchayat Sabalgarh to Gram Panchayat

Sikrodi Janpad Panchayat Ambah.

Learned counsel for the petitioner argued that the petitioner is presently

holding

the post of Secretary in Gram Panchayat Kheradegwar, Janpad

Panchayat Sabalgarh, District Morena. The mother of the petitioner is old aged

and she is heart patient and her treatment is going on and day to day supervision

under the local doctor of Sabalgarh. The petitioner is only male and active

member in his family to look after his mother's health for an emergency

situation. Due to the impugned transfer order, the petitioner would be unable to

take care of his mother. He further submits that the impugned order is issued

during the ban period, as the ban on transfers were lifted till 30.06.2023. It was

submitted that the petitioner has moved representation Annexure P/9 on

11.07.2023 to the respondent No.2 i.e. Chief Executive Officer, Zila Panchayat

Morena, which is lying pending and has not been decided till date. Learned

counsel submits that if respondent No.2 is directed to consider the

representation filed by the petitioner sympathetically and decide it within a time

bound frame, his grievance would be redressed and till then the impugned order

be stayed.

P er contra, learned Government Advocate has no objection if such

directions are issued to the competent authority for deciding the representation,

but opposes the prayer for stay of the transfer order.

Heard learned counsel for the parties.

Looking to the limited prayer which has been made by the counsel for the

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Signed by: NEETU

SHASHANK

Signing time: 19-Jul-23

11:06:24 AM

Signature Not Verified

(MILIND RAMESH PHADKE)

JUDGE

petitioner and without commenting on the merits of the case, this petition is

disposed of with a direction to respondent No.2 i.e. Chief Executive Officer,

Zila Panchayat Morena, to decide the representation as expeditiously as

possible preferably within fifteen days from the date of receipt of certified

copy of this order.

Till the period of Fifteen days or the date the representation is decided,

(whichever is earlier), the effect and operation of the impugned transfer order

dated 07.07.2023 Annexure P/1 shall remain stayed and till then the petitioner

shall not be relieved from his present place of posting.

C c as per rules.

neetu

3

Signed by: NEETU

SHASHANK

Signing time: 19-Jul-23

11:06:24 AM

Signature Not Verified