IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 20 OF JANUARY, 2026 WRIT PETITION No. 1858 of 2026 RISHIRAJ SINGH SENGAR Versus THE MADHYA PRADESH POLLUTION CONTROL BOARD AND OTHERS Appearance:

Shri M.P.S. Raghuvanshi- Senior Advocate assisted by Shri Ashwini Johri, learned counsel for the petitioner .

Shri Harish Kumar Dixit- Senior Advocate assisted by Shri Parth Dixit, learned counsel for the respondents no. 1 and 2.

ORDER Petitioner has invoked Article 226 of the Constitution of India challenging the order dated 9/1/2026 (Annexure P/1), whereby, he has been transferred from the post of Regional Officer, Regional Office, M.P. Pollution Control Board, Gwalior to the Head Office of the Board at Bhopal on administrative grounds.

2. Facts, in short, necessary for decision of this case are that the petitioner is substantively holding the post of Executive Engineer. He was posted on the said post in Regional Office at Gwalior since 22/1/2021 and was thereafter, posted as Regional Officer at Gwalior w.e.f. 10/4/2023. He has been transferred to Head Office of the Board at Bhopal vide impugned order dated 9/1/2026 (Annexure P/1). At his place, respondent no.3 has been posted.

3. The challenge to the transfer order has been made solely on the ground that the petitioner is due to retire in the month of March' 2026. The learned senior counsel for petitioner contended that at the fag end of his service career, shifting the petitioner from Gwalior to Bhopal is unreasonable and causing serious hardship to his entire family. It is his submission that the petitioner has to settle his family at Gwalior after his retirement, and therefore, the impugned transfer order is illegal and arbitrary. He also submitted that there is no administrative exigency in transferring the petitioner at this stage of his service career. He referred to the submissions made in rejoinder to submit that the administrative exigency being shown by the respondents is actually not existing and there is no reason to transfer the petitioner.

4. The learned senior counsel also submitted that the respondent no.3, who has been posted at petitioner's place, also does not want to come to Gwalior and has requested for cancelation of his transfer.

5. Respondent no.1 & 2 have filed the reply, wherein, the administrative exigency in transferring the petitioner has been shown. The learned senior counsel for respondents submitted that while working as Regional Officer of the Board, petitioner had to shoulder higher responsibilities. As per their submissions, the post of Regional Officer is a post of carries higher responsibility of abatement of pollution at field and also taking action against the violators. It is further averred that as a Regional Officer of the Board, the petitioner has failed to show efficacy in work, as a result of which, a decision to transfer him from Gwalior to Bhopal has been taken, even though, he has two and half months to retire. To justify the aforesaid stand, the learned counsel submitted that the National Green Tribunal, in one of the cases, has directed to take necessary action against 36 stone crushers, which are found violating the pollution norms. The Board issued necessary directions to the petitioner/Regional Officer, Gwalior to file Court cases under the provisions of Air (Prevention & Control of Pollution) Act, 1981. The reminders in this regard were also given to the petitioner. However, the petitioner failed to take appropriate steps for instituting cases against the violators. He also referred to certain other averments made in reply to show the unsatisfactory performance of the petitioner as a Regional Officer.

6. The learned senior counsel for the respondents also informed this Court that the respondent no.3 has already taken over the charge of the post of Regional Officer at Gwalior and the petitioner was also relieved on

19.01.2026.

7. Considered the arguments and perused the record.

8. The only rea