The Madhya Pradesh High Court on Monday stayed any coercive action against former Jabalpur district education officer SK Nema till further orders.
Along with this, the Court gave time to the state government to file a reply in the matter. The next hearing of the case has been scheduled for January 20.
The case was heard by a single judge bench of Justice Subodh Abhyankar. During the hearing, Advocate Praveen Dubey, appeared on behalf of petitioner SK Nema, a resident of Jabalpur. The Counsel argued that the petitioner was posted as District Education Officer in Jabalpur. Earlier, the petitioner had been posted in Bhopal along with his wife who is a head master. When one was transferred to Jabalpur, the other was also transferred to Jabalpur. Hence, the couple started working in Jabalpur.
Recently, through an order, the petitioner was shifted from Jabalpur to Anuppur. While in his place, Assistant Director of the Education Department Ghanshyam Soni was made District Education Officer in charge, the counsel stated.
The objection of the petitioner is that he is serving as Deputy Director in a position Higher than Ghanshyam Soni. In such a situation, the question arises that how can a person working on the post of Assistant Director below the Deputy Director be given the charge of District Education Officer, alleged the petitioner.
The objection of the petitioner is that Ghanshyam Soni, who was made the DEO in charge, has been frozen in Jabalpur for 27 years. The counsel for the Petitioner has also submitted that the Petitioner had been serving as District Education Officer since March 2019 without any complaint. Despite this, he has been transferred. The transfer order is against the rule of law, therefore, a stay on any coercive action against petitioner is expected. Until this petition is finally disposed of, the High Court shall grant interim relief, claimed the petitioner.
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During the hearing, Senior Advocate Prashant Singh, appeared on behalf of Ghanshyam Soni, sought two weeks time for filing counter-affidavit as Soni has taken charge of the DEO in place of the petitioner and is employed.