Anuhuti Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.

3 2 1 of 201 • Anuhuti Rajput, W/o Gyanendra Singh Rajput, aged about 51 years, R/o Near Petrol Pump Dhamdha, Presently working as Science Teacher, Birjhapur, Block Dhamdha, District Durg (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through Principle Secretary, Department of School Education, New Mantralaya, Mahanadi Bhawan, Raipur

2. Commissioner, Durg Division, Durg

3. District Education Officer, Durg ---- Respondents For Petitioner : Shri Anurag Jha, Advocate.

For Respondents : Shri D.R. Minj, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 4 /0 2 /2016

(1) This Court by order dated 22.09.2015 directed the Commissioner, Revenue Division Durg, who is competent authority under clause 4 of the transfer policy dated 1.7.2015, to decide the representation of the petitioner. The Deputy Commissioner, Revenue Division, Durg has communicated some order, in which there is no

consideration on the petitioner's representation.

(2) The Commissioner, Revenue Division, Durg was required to consider the representation of the petitioner in light of the order passed by this Court on 22.9.2015, which has not been done and simply relying upon the earlier order dated 25.08.2015 rejected the representation of the petitioner, which is impermissible in law. Thus, this Court is of the opinion the order dated 17.11.2015 passed by Commissioner, Revenue Division Durg deserves to be quashed and accordingly quashed. The Commissioner, Revenue Division Durg is directed to pass reasoned and speaking order within a period of 15 days from the date of receipt of order along with the representation.

(4) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-