HC stays ASP’s transfer order, seeks reply from authorities in 4 weeks

Source: The Hitavada      Date: 12 May 2018 12:36:21


 

Legal Correspondent,

CHALLENGING transfer order on the ground of malice filing a letter written by respondent Sushil Indu Tiwari, by which Member of Legislative Assembly (MLA), Panagar, concerned requesting the Chief Minister for transfer of the petitioner Rajesh Tiwari, Additional Superintendent of Police (ASP), Jabalpur, single bench of the Madhya Pradesh High Court comprising Justice J K Maheshwari on Friday stayed transfer order and allowed to continue on the place of posting on which he was working.

Single bench of MPHC has issued show cause notices to the Principal Secretary, Home Department, Bhopal, Director General of Police, Bhopal, Superintendent of Police, Jabalpur and Sushil Indu Tiwari, Member of Legislative Assembly Panagar Constituency, Jabalpur and asked them to file their reply before the High Court within four weeks. The challenge has been made to the transfer order dated on May 8, 2015, to petitioner on the ground of malice filing a letter written by respondent Sushil Tiwari by which the Member of Legislative Assembly concerned requesting the Chief Minister for transfer of the petitioner because the workers are not satisfied and relying upon the said letter, petitioner has been transferred.

The MLA concerned has also been joined as a party to the proceedings in this case. In that view of the matter, till rebuttal of those allegations of malafide, operation of the order impugned dated on May 8, 2018, shall remain stayed. Counsel for the petitioner as well as counsel for the respondent both have said that the petitioner has been relieved on the same day.

Considering allegations of malafide, operation of transfer order has stayed, however, petitioner be allowed to continue on the place of posting, on which he was working, the single bench said. Single bench heard the petition filed by Rajesh Tiwari, Additional Superintendent of Police, Jabalpur, against the Principal Secretary, Home Department, Bhopal, Director General of Police, Bhopal, Superintendent of Police, Jabalpur and Sushil Indu Tiwari, Member of Legislative Assembly Panagar Constituency, Jabalpur.