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1995 Supreme(SC) 114

K.RAMASWAMY, M.N.VENKATACHALIAH
State Of M. P. – Appellant
Versus
S. S. Kourav – Respondent


Advocates:
A.K.CHITALE, B.S.BANTHIA, NIRAJ SHARMA, S.K.AGNIHOTRI

JUDGMENT

Leave granted.

2. The respondent is an Executive Engineer working in the Department of Water Resources of

(* From Judgement and order of Madhya Pradesh Administrative Tribunal, Bhopal, in O. A. No. B-489 of 1993, D/- 7-8-1993.)


the appellant Government. He worked as Assistant Engineer from 3-6-89 to 25-7-92 at Bhopal and after a short spell of six months again he was transferred to Bhopal in the promoted post of Executive Engineer and he continued at Bhopal from 19-10-92 to 9-7-93. The Department initiated orders of transfer at the instance of the Chief Engineer. The respondent came to be transferred from Bhopal to Jagdalpur vide proceedings dated 9-7-93. He challenged the correctness thereof by filing O.A. No. 489/93 before the Administrative Tribunal at Bhopal. The Tribunal by its order dated 7-8-93 allowed the application, quashed the order of transfer and directed that it would be open to the Government to pass appropriate orders for transfer on the administrative grounds as per rules and law. It has also directed that the respondent would not be transferred during the period of ban. Calling in question the above order, this appeal, by special leave, came to be filed.

3.






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