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High Court Of ChhattisgarhWPS/7142/2017allowed

B. L. Dehari v. State Of Chhattisgarh

2018-03-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.7142 of 2017 • B. L. Dehari S/o Kanwal Dehari Aged About 57 Years Caste Halba, R/o Village Mohla, Civil And Revenue District Rajnandgaon Chhattisgarh., Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribe Development Department, Mahanadi Bhawan, Naya Raipur Chhhattisgarh., Chhattisgarh

2. The Collector, District Panchayat, Civil And Revenue District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Shri Rupesh Kumar Pandey, Chief Executive Officer, Janpad Panchayat, Chhuikhadan, Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Shri Punit Ruparel, Advocate For Respondents No.1 & 2/State :Shri Chandresh Shrivastava, Panel Lawyer For Respondent No.3 :

Shri Aman Tamboli, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/03/2018 Heard.

1.

Grievance of the petitioner is that the petitioner is not being allowed to join in the office of Chief Executive Officer, Janpad Panchayat Mohla, in compliance of transfer order dated 14-08-2017 passed by the State Government. 2.

Pleadings of the parties and the affidavit filed by the State Government would only show that the order passed by the State Government could not be complied with firstly because the petitioner was not relieved for almost three months by the Collector, Kanker and secondly by the time, the petitioner submitted his joining, the Collector, Rajnandgaon had already made Incharge arrangement by posting another Officer as Chief Executive Officer, Mohla, Rajnandgaon.

3.

As order of the State Government stands, the Collector, Rajnandgaon is duty bound to pass necessary administrative orders in supercession of earlier orders passed by him on 17-11-2017 in such a manner that the petitioner is given charge of the office of Chief Executive Officer, Mohla, Rajnandgaon. The Collector, Rajnandgaon shall proceed to pass appropriate order of joining of the petitioner as Chief Executive Officer, Mohla, Rajnandgaon within a period of 10 days. It will be open for him to post the Officer, who is presently working as Incharge Chief Executive Officer, Mohla, Rajnandgaon to any other place.

4.

In view of above, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane