VIRENDRA KUMAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India challenge is made to the impugned order dated 3/3/2014 transferring the petitioner from Gwalior to Rewa.

(2.) FACTS necessary for disposal of the case are to the effect that petitioner while serving as Joint Collector, Tikamgarh vide order (Annexure P/2) dated 14/7/2010 was transferred to Gwalior, where he submitted joining on 26/7/2010. Thereafter, vide order (Annexure P/3) dated 29/7/2010, he was given posting as SDM, Dabra within District Gwalior. Thereafter, vide another order dated 12/7/2011, he was against posted at Gwalior itself as SDM. Vide order (Annexure P/4) dated 5/9/2012, petitioners services were transferred as Deputy Director, Agriculture Marketing Board, Gwalior i.e. within the Gwalior district itself. Thereafter by the impugned order (Annexure P/1) dated 3/3/2014, petitioner has been transferred on the same post to Rewa.

(3.) SECOND contention relates to challenge for want of authority and jurisdiction of the Managing Director in the light of Rule 101 of Madhya Pradesh Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Ki Gathan Ki Riti Tatha Anya Vishay) Niyam, 1980, (for short Rules of 1980) to issue impugned transfer order. The aforesaid Rules were framed by the State Government in exercise of powers under sub -sections (1) and (2) of Section 79 of the M.P. Krishi Upaj Mandi Adhiniyam, 1972. Rule 101 of Rules of 1980 reads as under: -