VIJAY SINGH SOLANKI Vs. THE STATE OF MADHYA PRADESH
LAWS(MPH)-2021-2-80
HIGH COURT OF MADHYA PRADESH
Decided on February 16,2021

Vijay Singh Solanki Appellant
VERSUS
The State of Madhya Pradesh Respondents

JUDGEMENT

SUJOY PAUL,J. - (1.) This writ appeal takes exception to the order passed by learned Single Judge dated 20/10/2020 in W.P. No.12657/2020 whereby the transfer orders dated 24/08/2020 are set aside by the Writ Court.
(2.) In short, the background facts are that the respondent Department issued two transfer orders of same date 24/08/2020 whereby petitioner is transferred from Alirajpur to Barwani and in lieu thereof, respondent No.3 is transferred to Alirajpur. The respondent No.3 assailed these orders in aforesaid writ petition by contending that the said transfer orders are not arising out of any administrative exigency. The respondent No.3 is transferred within short span of time. The transfer of present appellant in place of respondent No.3 is an outcome of favour and in order to accommodate him the respondent No.3 has been transferred.
(3.) Per contra, the present appellant and government supported the transfer orders. The Writ Court by impugned order dated 20/10/2020 opined that respondent No.3 was posted at Alirajpur only in the year 2019 and within a short period of time, he is transferred by impugned order dated 24/08/2020. The transfer of present appellant in place of respondent No.3 by impugned transfer order shows that respondent No.3 has certainly been favoured by State which amounts to an action of accommodating the respondent No.3 for no administrative exigency.;


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