IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA nd ON THE 2 OF MARCH, 2023 WRIT PETITION No. 16558 of 2019 BETWEEN:-

BHAGWANDAS BHUMARKAR S/O LATE SHRI JAGANJI BHUMARKAR, AGED ABOUT 48 YEARS, OCCUPATION: SERVICE COMMISSIONER, MUNICIPAL CORPORATION BURHANPUR, R/O E-2 CIVIL LINES NEAR COLLECTORATE DISTRICT BURHANPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHISH MISHRA - ADVOCATE )

AND

1. STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN ADMINISTRATION & HOUSING, 3RD FLOOR, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. M.P. MADHYAM THROUGH ITS MANAGING DIRECTOR PLOT NO.40 ADMINISTRATIVE AREA, ARERA HILLS, BHOPAL (MADHYA PRADESH)

3. SURESH REHWAL, AGED ABOUT 60 YEARS, CURRENTLY POSTED AS JOINT DIRECTOR, DIRECTORATE OF URBAN ADMINISTRATION DEVELOPMENT, BUS STOP NO.6, SHIVAJI NAGAR, BHOPAL (MADHYA PRADESH)

4. THAKUR SURENDRA SINGH @ SHERA S/O NOT MENTION, AGED ABOUT 55 YEARS, R/O NEAR SABJI MANDI, PETROL PUMP TRANSPORT NAGAR, DISTRICT BURHANPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE FOR RESPONDENT NO.1, SHRI KABEER PAUL - ADVOCATE FOR RESPONDENT NO.2, SHRI JITENDRA SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.3 AND Signature Not Verified Signed by: SHALINI SHRI K.K. MISHRA - ADVOCATE FOR RESPONDENT NO.4)

This petition coming on for admission this day, the court passed the following:

ORDER

Challenge has being made to the impugned order dated 06.08.2019 (Annexure P/6) passed by the respondent authorities whereby the petitioner has been repatriated by its parent department on political interference.

It is the case of the petitioner that he is working on the post of Sub Editor in 'Madhyam' which is an undertaking of the department of public relations. His services were deputed with the department of Urban Administration and Housing in the month of February 2017 and thereafter, he was posted on the post of Commissioner, Municipal Corporation, Burhanpur on 08.03.2019 and, since then, the petitioner is continuously working. The petitioner is having unblemished career of more than 20 years and he has also been awarded excellent ACRs. Some documents are being filed to demonstrate the working of the petitioner. It is his case that he joined as Commissioner, Municipal Corporation on 08.03.2019 and during a short span of five months, the impugned order has been passed on political interference, as the petitioner is not giving favour to the local MLA. He has not given him undue favour as far as some municipal corporation duties i.e. E-Nagar Palika, Swachh Bharat Mission etc. are concerned. The petitioner has also lodged an FIR bearing Crime No.224 of 2019 dated 22.06.2019 against one of the Councillors of Municipal Corporation of Burhanpur for interfering with the discharging of his duties. The petitioner was pressurized to withdraw the criminal case or compromise the same but when nothing came out then a recommendation was made by the local MLA to the Chief Minister and in his letter, the impugned repatriated order has Signature Not Verified Signed by: SHALINI been passed. It is submitted that although the petitioner is having no right to continue in the parent department but the fact remains that the repatriation is passed owing to political interference of the local MLA, therefore, interference was sought for.

Learned counsels for the respondents have opposed the contentions stating that the answering respondent being borrowing department looking to the administrative exigency and requirement has repatriated the petitioner to his parent department. The petitioner cannot claim his continuance under the answering respondent as of right nor can challenge the posting order of respondent No.3 who is the employee of answering respondent is holding the substantive post of the Joint Director and belongs to State Municipal Services. Hence, the petitioner being replaced by regular employee and not by deputationist who is having preferential right. Secondly, the impu