Nohar Singh Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 612 OF 2018 Nohar Singh Dhruv, S/o S.R. Dhruv, aged about 38 years, R/o near Gayatri Mandir, Aadiwasi Colony, Kushalpur, Raipur, Civil and Revenue District Raipur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through: the Secretary, Irrigation Department, Mahanadi Bhawan, Naya Raipur (CG) 2.

Chief Engineer, Water Resources Division, Mahasamund, District Mahasamund (CG) 3.

Superintending Engineer, Water Resources, Sukma, District Sukma (CG) 4.

Executive Engineer, Irrigation Department, Sukma, District Sukma (CG) ... Respondents • Mr. Punit Ruparel, Advocate, for the Petitioner. • Mr. Dheeraj Wankhede, Govt. Advocate, for the Respondents. Hon'ble Shri Justice P. Sam Koshy Order on Board 19/11/2018 1.

The petitioner has filed the present writ petition on the grievance that though the transfer order has been issued on 21.7.2016, he is not being relieved.

2.

The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manish Agrawal v. State of Chhattisgarh & Others, 2015 (4) C.G.L.J. 182, wherein relying upon several judgments of the Hon'ble Supreme Court it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified varied or cancelled. 3.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4.

Accordingly, the writ petition is disposed of with a direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance

by the respondent - transferring authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order. 5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge