High Court Of ChhattisgarhWPS/1220/2020disposed off

Ram Vilas Netam v. State Of Chhattisgarh

2020-02-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1220 of 2020 • Ram Vilas Netam S/o Shri Dalsai Netam Aged About 53 Years Presently Posted As Constable At Office Of Excise Officer, District Kondagaon , R/o Keshkal , Police Station And Tahsil Keshkal, District Kondagon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Avar Secretary, Department Of Commercial Tax (Excise) Mantralaya , Mahanadi Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh

2. The Excise Commissioner Chhattisgarh, Commercial Tax (GST) Bhawan, North Block, Sector - 19, Nava Raipur , Atal Nagar, District Raipur Chhattisgarh

3. The Collector District Kondagaon Chhattisgarh

4. The District Excise Officer District Kondagaon Chhattisgarh ---- Respondents For Petitioner :

Shri Roop Naik, Advocate For Respondents/State :

Shri Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/02/20

1. The present petition has been filed for issuance of a direction to respondenttransferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government whereby the petitioner has been transferred from the office of District Excise Officer, District Kondagaon to the office of District Excise Officer, District Kanker by order dated 13.08.2019, but till date, the petitioner has not been relieved.

2. The contention of the petitioner is that though the petitioner was transferred

vide order dated 13.08.2019, however till date has not been relieved for joining at the transferred place.

3. The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, wherein relying upon several judgments of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled by the State Government itself.

4. Therefore, in these circumstances, this petition is disposed of with a direction that the petitioner shall be relieved forthwith by the controlling authority in compliance of the transfer order unless the State has not modified, amended or cancelled the said order so far as petitioner is concerned. Sd/- Goutam Bhaduri Judge Ashu