Shyamlal Tiwari v. C G Khadi Tatha Gramodyog Board

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1045 of 2019 Shyamlal Tiwari S/o Shri Kaushal Prasad Tiwari, Aged About 61 Years, Presently Working As Asst. Director, C.G. Khadi Tatha Gramodyog Board, Zila Panchayat, Narayanpur, District- Narayanpur, Chhattisgarh. ---Petitioner

Versus

1. C G Khadi Tatha Gramodyog Board, Through The Managing Director, Mahatma Gandhi Smriti Bhawan, Kankali Para Road, Sports Complex, Premises, Raipur, Chhattisgarh.

2. Nitin Kumar Bais, Assistant Director, Zila Panchayat, Kondagaon, District- Kondagaon, Chhattisgarh.

---Respondents For petitioner :

Shri N.N.Roy, Advocate.

For resp.No.1 :

Shri R.S.Patel, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/02/2019 1.

The challenge in the instant Writ Petition is to the order Annexure-P/1 dated 5-6/02/2019 whereby the petitioner working as Assistant Director "

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has been transferred from Zila Panchayat, Narayanpur to Bilaspur. 2.

The challenge to the order is on the ground that, the petitioner has got only about 10 months of service left for his retirement. The second ground of challenge is that, the same has been made at this juncture without there being any administrative exigency and it has also not issued after been routed through the co-ordination committee as is required under the transfer policy of the State Government.

3.

Given the facts and circumstances of the case, this Court is of the opinion that, considering the total service left for the petitioner to retire and the fact that the order of transfer does not seem to have been passed after having routed through the co-ordination of the Chief Minister, let the petitioner make a fresh representation to the respondent No.1 in this regard within a period of 10 days from today and on such representation being made, the respondent No.1 shall decide the same within a further period of 60 days thereafter.

4.

Meanwhile, the impugned order shall not be given effect to so far as the petitioner is concerned.

5.

The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE