DEVESH KUMAR PATHAK Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2007-7-14
HIGH COURT OF MADHYA PRADESH
Decided on July 05,2007

DEVESH KUMAR PATHAK Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents





Cited Judgements :-

P K JAIN VS. STATE OF M P [LAWS(MPH)-2009-2-1] [REFERRED TO]
SPECIAL POLICE ESTABLISHMENT VS. STATE OF M P [LAWS(MPH)-2011-2-32] [REFERRED TO]


JUDGEMENT

- (1.)IN this appeal preferred under Section 2 (2) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the legal propriety and pregnability of the order dated 7-9-2006 passed by the learned single Judge in W. P. No. 12585/2006 is called in question.
(2.)BEREFT of unnecessary details, the facts which are requisite to be expo sited are that the appellant-petitioner (hereinafter referred to as 'the appellant') that the appellant, a Town Inspector, had been subjected to transfer on many an occasion. While he was posted at Katni he was transferred to jabalpur by order dated 10-7-2006. Thereafter by order dated 25-8-2006 her has been directed to join in Lokayukt Organisation at Bhopal.
(3.)THE said order of transfer was assailed in the writ petition before the learned Single Judge on the ground that he has been subjected to frequent transfer which reeks of malafide and further he has been deputed to Lokayukt organization without his consent though the same is impermissible. It was urged before the learned Single Judge that his consent was a pre- requisite as it is a foreign service and that having not been done the order of transfer is absolutely vulnerable.


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