STATE OF MADHYA PRADESH Vs. S S KOURAV

JUDGEMENT

(1.) Leave granted.

(2.) The respondent is an Executive Engineer working in the Department of Water Resources of 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.) The main ground on which the Tribunal quashed the order of transfer was that since there was a ban imposed for transfer of the officers during the period of President's rule until prior approval of the Governor was obtained which was not done in this case. Therefore, the transfer without such approval is bad in law. The learned counsel appearing for the State has placed before us the proceedings of transfer initiated in File No. 3 (B)/160/93/P/31 which would show that on the recommendation made by the Chief Engineer, the respondent was proposed to be transferred as Executive Engineer from Hydromateorology Division at Bhopal to the office of the Supdtg. Engineer, W. R. Circle, Jagdalpur in a vacant post. When it was submitted to the Secretary, after giving approval, the Secretary despatched the file to the Advisor to the Governor. The Advisor to the Governor has given his approval on 9-7-93 and on the same day the orders of transfer came to be issued.