Jogi Ram Rathia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4356 of 2017 • Jogi Ram Rathia S/o Late Shri Nanki Ram Rathia, Aged About 56 Years (J.R. Rathia), Presently Posted And Working As Sub Divisional Forest Officer, North Korba, Sub Division North Korba, Forest Division Korba, Tahsil & District Korba, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, Chhattisgarh.

2. Principal Chief Conservator Of Forest Chhattisgarh Jail Road Raipur, Post Office & Police Station Raipur, District Raipur, Chhattisgarh.

3. Divisional Forest Officer, Korba, District Korba, Chhattisgarh.

4. Sanjay Luthar, Assistant Forest Conservator, Presently Posted As Dy. Managing Director, Zila Laghu Vanopaj Sangh Maryadit, Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Respondents For Petitioner :

Shri D. R. Patel, Advocate For Respondent/State :

Shri Manish Nigam, PL For Respondent No.4 :

Shri Prateek Sharma, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/09/2017 Heard.

2.

Transfer order is under challenge on the ground that the respondent No.4 has been accommodated at the place of the petitioner, though he has not completed two years of posting at the earlier place of posting. 3.

Learned counsel for respondent No.4 pointed out that the present is a

case of local arrangement and there is no change of city as both offices are situated only in the city of Korba.

4.

True it is that there is a violation of administrative policy, however, there is no illegality in the impugned transfer order. In transfer matters, the Writ Court would interfere only when it is found that violation of the policy results in prejudice to the employee.

5.

It being only a case of transfer from one office to other office in the city at Korba itself, therefore, I am not inclined to invoke extra-ordinary to interfere with the transfer order, particularly when by the impugned order, posting of the petitioner has not adversely affected and he continues to hold the substantive post of Assistant Conservator of Forest.

6.

Accordingly, the petition is closed.

SD/- (Manindra Mohan Shrivastava) Judge Tumane