mHumuuuumu nmn 1 .\ / I I ‘ xN E HiGh‘ CDURT OF MADHYA pRADESH A AEALPUR wm g3EM (CM!) MIsCELmNEOUS PETITIGN N0. 3§Q$ ”OF 1992 Cggzwcg ‘M¢xr-r§£§ PETITIDNERS:— l. Abdul Rahim, aged about 4O years, son of Abdul Majid, resident of Madhopara, . Raipur 2. Arun Dube $on of k4 late Hanuman Prasad Dube, aged aboutj5 yearn, resident of Banke Bihari‘ éndir: Lakha Road, Sadar Bazar, Raipur Versus REsPDNDENTS:—J.. The State of Madhya Pradesh, through the Secretary, Department Lccal Self-u Government, Vallabh Bhavan, Bhopal. Municipal Corporatiom Raipur, through its Administrator. PETITBCN UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION DF INDIA FOR ISSUANCE {3F A WRIT IN THE NATURE DE f/i CERTrORARI/NANDmus, wgr {3R WIT , DIRECTION m DIRECTmNs 1N THE LIKE NATURE . ..... / / i ; p\ { TH HIGH COURT OF CHHA’I'I‘ISGARH AT BILASPUR 3‘ WP. Na. 3823 0f 1992 Petitienm‘s Abdul Rahim 8m anothar Versus Rssgmml‘ants The State of Madhya Pradash (now Chhattisgarh} & another SB: Hon’ble Mr. Justici: $atish K. Agnihetri, J None for tha petitioners. Shu‘ Sushil Dub€y, Govt. Aclvocate fer the respondem N0. 1. Shy: Kashif Shaked, Advocate for 11E mspondent No.2. O R D E R ( Pasrsed on this 19th day of February, 2007) Th6 feEowijlg order of the Court is pa33€d by Satish K. Agnihotgi, J. 1. Th6 petitioner While working in tha Municipal Cerporatim}, Raipm" W€r€ was mansfen‘ed ta Kami and Bhopal, respectively, vide impugned traHsfer order dated 20.10. 1992 {Annexme P/ 1). This Court vide interim mder dated 17. 11.}Q92 granted stay of fhe operation of the impugned transfer order. 3. 1t is wen settled principle of law that transfer is an incident of service and it is: foe the employer to decide as to where a particular otlieerfemployee be posted keeping in View oubh'c interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved malaflde, non- competence of authority passing the transfer order and transfer order not being in confonnity with the rules and regulations. 4. Be that as it may, with the passage of time this petition has become infinctuous as oeriod of transfer is not applicable forever. The respondents are at liberty to pass appropriate orders keeping in View die public interest and administrative extgency. 5. in View of the above, this petition stands disposed of. No order as to costs. SdJ‘ SATISH K. AGNIHOTRI Judge Q[ Thakur