Narendra Kumar Soni v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4605 of 2017 Narendra Kumar Soni S/o Shri Mangl Ram Soni, Aged About 52 Years Working As Patwari Circle No. 12, Dondekala, Up Tehsil Dharsinwa, Tahsil Raipur District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

2. Collector, Raipur, District Raipur, Chhattisgarh

3. Smt. Saroj Kujur, Patwari Circle No. 26, Up Tahsil Korba, Nawapara, District Raipur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Jitendra Pali Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/09/2017

1. The transfer order is under challenge on the ground that the petitioner has been transferred from the present place of posting to Tilda Tahsil on his own request whereas the petitioner had applied for transfer on his own request to Tehsil Abhanpur.

2. A person can be shown to have been transferred on his own request only when he is transferred to a place requested for and not when he is transferred to a place other than the place of his own request.

3. Therefore, the impugned order in respect of the petitioner shall not be given effect to. It will, however, be open for the respondents to examine whether the transfer of the petitioner is necessary in the administrative exigency or not and thereafter it will be open for them to pass fresh order, if necessary.

4. The petition is accordingly disposed off.

Sd/-/-- (Manindra Mohan Shrivastava) Judge Praveen