High Court Of ChhattisgarhWPS/603/2018disposed off

Keshav Prasad Sharma v. State Of Chhattisgarh

2018-01-16Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 603 of 2018 Keshav Prasad Sharma S/o Shri S.D. Sharma, Aged About 33 Years R/o 103, Housing Board Colony Mahasamund, Tahsil Mahasamund P. S. Mahasamund District Mahasamund Chhattisgarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Mantralaya, Police Station And Post Rakhi, New Raipur, Distt. Raipur Chhattisgarh, Chhattisgarh

2. Collector, Office Of Collectorate, Mahasamund, Distt. Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

3. Tahsildar, Tahsil- Office, Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/01/2018

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, he is not being relieved.

2. The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, wherein relying upon several judgments of the 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,

-2varied 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, this petition is disposed of with the 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 petition is accordingly disposed of.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen