Bali Deo v. Chhattisgarh Infrastructure Development Corporation

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5300 of 2017 Bali Deo S/o Alen, Aged About 61 Years C/o O.P. Baijpai, Near Pendra Bada, Gondpara, Police Station Kotwali, Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh Infrastructure Development Corporation Through Managing Director, Shastri Chowk, Raipur, Chhattisgarh

2. State Of Chhattisgarh, Through Secretary, Public Relation, Naya Raipur Mantralaya, Raipur, Chhattisgarh

3. Assistant Director, District Relation Office, Kabirdham, Chhattisgarh ---- Respondents Shri B.P.Banjare, counsel for the petitioner/s. Ms. Sunita Jain, Panel Lawyer for the State / respondents 2 and 3. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/10/2017 Heard.

The order dated 29/08/2017 is under challenge on the ground that by impugned order, the petitioner has been repatriated in Division Office of CIDC, Raipur without keeping in view the circular issued earlier on 20/04/2010 by the Government that the employee of CIDC who have been sent on deputation, should not be repatriated under any circumstance.

2.

I find that the petitioner did not file any representation against the impugned order before the competent authority in view of earlier circular issued on 20/04/2010. 3.

Considering that the earlier administrative circular dated 20/04/2010 was issued more than 7 years before, it would be proper that the respondent / CIDC should now examine the matter as to whether the same policy still continues and if so, what order is required to be passed in the case of the petitioner, keeping in view

that the petitioner was continuing on deputation in some other department. In case, representation is made within 15 days from the date of receipt of copy of this order, the same shall be decided in 30 days from the date of receipt of representation. The petitioner may pray for continuing at the present place of posting before the competent authority.

4.

With the said observation, this petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti