J.K.MAHESHWARI - (1.)Invoking the jurisdiction under Article 226 of the Constitution of India and challenging the order dated 7.4.2017 (Annexure P/7) transferring the petitioner from Municipal Council, Maihar to Municipal Corporation, Rewa on his original post (Assistant Teacher) and the consequential order of relieving dated 12.1.2018 Annexure P/13, this petition has been preferred.
(2.)It is the contention of the petitioner that he was appointed as Assistant Teacher, but, later, as per order Annexures P/1 and P/2 he was assigned the work of Assistant NCC Officer (ANO) and thereafter as per Annexure P/3, the State Government permitted his change of post from ANO to Assistant Revenue Officer (ARO) and since then he was working on the post of ARO, therefore, his transfer by the order impugned on his original post of Assistant Teacher without cancelling the order Annexure P/3 is arbitrary and malafide. It is said that previously a writ petition WP No. 5449/2017 was filed by the petitioner challenging the said order of transfer. In the said writ petition, considering the aforesaid facts, vide order dated 12.4.2017 operation of the transfer order was stayed. Thereafter, on passing the order dated 14.9.2017 by the Deputy Collector Incharge District Urban Development Authority with the approval of Collector Annexure P/11, he was posted as Assistant Project Officer, District Urban Development Authority. However, on filing IA No. 17213/2017 it was allowed and the said writ petition was dismissed as withdrawn on 10.1.2018 with the liberty as prayed. After withdrawal of the writ petition, a fresh order of relieving was passed on 12.1.2018 by the Municipal Council, Maihar relieving the petitioner, however, challenging the order of transfer as well as relieving, petitioner has filed this petition.
(3.)It is the contention of the petitioner that the document Annexure R/1 attached with the return of respondents No.1 and 2, is an enquiry report dated 9.12.2015 done in furtherance to the order dated 6.8.2015 passed in the case of Mansukhlal Saraf Vs. Arun Tiwari and others - WP No. 198/1999 and the order dated 23.8.2011 passed in the case of Vivek Lakhera Vs. State of M.P. and Ors. By which the appointment of the petitioner was allegedly found illegal, but, the said enquiry was without affording an opportunity of hearing to the petitioner, therefore, it cannot be used against him and on the basis of such report, he cannot be posted as Assistant Teacher. It is said, passing an order of his transfer without cancelling the order Annexure P/3 dated 24.1.2004is illegal, without jurisdiction, arbitrary and malafide. It is further his contention that previous petition was withdrawn in which the liberty as prayed was granted, however, to challenge the transfer and consequential order of relieving, there is no impediment to maintain this petition. In view of the foregoing, the order impugned transferring the petitioner on the original post of Assistant Teacher and the order of relieving may be quashed.