Adverse affect on family life no ground for interference in order of transfer: Madhya Pradesh HC

Madhya Pradesh High Court: This appeal was filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 before a 2-Judge Bench comprising of Sanjay Yadav and Vivek Agarwal, JJ., against the order where petitioner, a Revenue Inspector was transferred from Municipal Council, Ashoknagar to Municipal Council, Ganjbasoda.

The facts of the case were that appellant, a Municipal employee having hometown as Ashoknagar along with 24 Municipal employees were transferred from one Municipal Council to another. It is this order of transfer which was challenged by the appellant in this appeal. It is to be noted that this transfer was due to administrative exigency passed by State Government under section 58 of M.P. Municipal Corporation Act, 1956 and under sub-section (7) of Section 94 of the M.P. Municipalities Act, 1961. The rationale behind such transfer was found to be to not allow an employee to work in their hometown and the appellant was working in Ashoknagar for eight years.

Appellant contended that his family life would be adversely affected due to the transfer. Court found this ground not appropriate for interference by the judiciary. High Court found no illegality in the impugned order, therefore, the appeal was dismissed. [Shamshad Pathan v. State of M.P.,2018 SCC OnLine MP 719, dated 12-10-2018]

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