IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI th ON THE 14 OF JULY, 2025 WRIT PETITION No. 22067 of 2025 RAJESH KUMAR GANGELE Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri M.P.S. Raghuvanshi -Senior Advocate assisted by Shri Dharmendra Singh Raghuwanshi- Advocate for the petitioner. Shri Vivek Khedkar- AAG assisted by Shri S.S. Kushwah - GA for respondent no. 1/State.

Shri Sanjay Kumar Agrawal- Senior Advocate with Shri Shoeb Hasan Khan- Advocate for the respondent no. 2.

ORDER The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order, dated 17.06.2025, (Annexure P/1) whereby he been transferred and posted as In-charge Mining Officer in Collectorate, Sheopur.

2. The facts necessary for decision of this case are that the petitioner was earlier posted as Mining Inspector in Collectorate (Mining Branch) at Sagar. He was transferred and posted in the same capacity at Collectorate (Mining Branch), Gwalior, by the order passed by State Government, dated 04.10.2022. Thereafter, he was given charge of higher post of Assistant Mining Officer in Collectorate (Mining Branch) itself order, dated 03.10.2023.

3. In relation to certain irregularities, the petitioner was earlier placed Signature Not Verified Signed by: JAI PRAKASH under suspension vide order, dated 03.10.2024. During the period of suspension, the petitioner was attached to Collectorate (Mining Branch), Dindori. Later on, his suspension was revoked vide order, dated 29.10.2024, and the petitioner was directed to give his joining in the Regional Office, Directorate of Geology and Mining, Gwalior. The petitioner was then attached to assist the Flying Scot constituted for preventing illegal mining and transportation for Gwalior and Chambal Division, vide order, dated 16.12.2024.

4. Against these two orders viz. part of order, dated 29.10.2024, whereby he was posted in Regional Office and order, dated 16.12.2024, whereby he was attached to assist the Flying Scot, the petitioner had filed a writ petition which was subject matter of W.P. No.39141 of 2024 which has been decided by a separate order today. The detailed analysis of these two orders is, therefore, not being made in this order. Suffice it to mention that challenge to both the aforesaid orders has been declined by this Court in the aforesaid writ petition.

5. Vide impugned order, dated 17.06.2025, (Annexure P/1) the petitioner, who was holding the post of Assistant Mining Officer at Gwalior, has been given the charge of higher post of Mining Officer and has now been posted at Collectorate (Mining Branch) Sheopur.

6. The learned Senior counsel for petitioner submitted that the respondent no.2 was transferred and posted at Mandla vide order, dated 13.03.2025, (Annexure P/6) and within a short span of three months he is now transferred at petitioner’s place at Gwalior. It is his submission that the transfer of respondent no.2 within a short span of three months shows that the respondent no.2 wants him to be posted at Gwalior and in order to accommodate him at Gwalior the petitioner has been shunted to Sheopur. He further submitted the respondent no.2 is much junior to the petitioner and his transfer to Gwalior is unjust, arbitrary and Signature Not Verified Signed by: JAI PRAKASH unreasonable. The learned senior counsel further submitted that the petitioner has not completed normal tenure of three years at present place of posting. He also challenged the impugned transfer of petitioner alleging that it is in derogation to the interim order passed by this Court in W.P. No.39141 of 2024. On these grounds, he prayed for interference by this Court.

7. On the other hand, the learned Additional Advocate General supported the impugned order and submitted that the impugned transfer of petitioner is a routine transfer and the allegation of accommodating respondent no.2 is incorrect. He submitted that the petitioner has been given charg