High Court Of ChhattisgarhWPS/760/2018disposed off

Durgesh Kumar Patel v. State Of Chhattisgarh

2018-01-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 760 of 2018 Durgesh Kumar Patel S/o Shri Banshilal Patel Aged About 29 Years R/o Dharampura Post Tamora Tahsil Bagbahra Police Station Bhimkhoj District Mahasamund Chhattisgarh., District : Mahasamund, 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 District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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

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

Shri Abhishek Pandey, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2018

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