High Court Of ChhattisgarhWPS/5290/2017dismissed

K. R. Dahariya v. State Of Chhattisgarh

2017-10-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5290 of 2017 K. R. Dahariya S/o Shri Koduram Dhahariya, Aged About 49 Years Caste Satnami, Designation Lecturer (Economics), In The Middle School Andhari Kachhar, Block And District Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Ministry Of School Education Govt. Of Chhattisgarh New Raipur, Chhattisgarh

2. The Upper Secretary, Government Of Chhattisgarh Department Of School Education Ministry, Mahanadi Bhawan, New Raipur, Chhattisgarh

3. The Collector, Korba, District Korba, Chhattisgarh

4. District Education Officer, District Korba, Chhattisgarh

5. Block Education Officer Block Korba District Korba, Chhattisgarh

6. Suresh Kumar Dwevedi S/o I.L.Dwevedi, Aged About 50 Years Head Master Middle School Andhari Kachhar, Block And District Korba, Chhattisgarh, R/o M I G 1/79, M.P. Nagar Korba, District Korba, Chhattisgarh ---- Respondents For Petitioner :

Mr. B.L. Bharadwaj, Advocate For State :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/10/2017 Heard.

The office objection is overruled.

1. This petition has been filed by the petitioner seeking issuance of direction for compliance of order dated 14.08.2017.

2. From the contents of the petition, it is found that the petitioner is aggrieved

on account of continuance of respondent No.6 at the present place of posting. If the relief sought in the petition is read in the context of the pleadings made in the petition, what the petitioner seeks in essence is direction for compliance of transfer order dated 14.08.2017 in respect of respondent No.6.

3. Respondent No.6 earlier filed a writ petition before this Court with the grievance that even though he has not applied for any transfer on his own request, he has been transferred. Appreciating that grievance, this Court passed an order for holding appropriate enquiry as to how the officer without making any request, has been transferred on his own request. This Court has also protected respondent No.6 against any coercive action which is clear from the order passed by this Court on 07.09.2017 in WPS No.4302 of 2017.

4. Therefore, the relief sought in this petition, if I may say so, is completely misconceived in law and therefore, deserves to be dismissed and the same is dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha