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High Court Of ChhattisgarhWPS/1566/2017disposed off

Rishi Kumar Sinha v. State Of Chhattisgarh

2017-04-06Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1566 of 2017 • Rishi Kumar Sinha S/o Shri Narsingh Lal Sinha, Aged About 36 Years Occupation Patwari, R/o Baikunthpur, Baulikuwa Police Station Raigarh, Tahsil & District Raigarh, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through Its Secretary, Department of Revenue And Disaster Management, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur, District Raipur (Chhattisgarh).

2. Collector, Office Of Collectorate, Gariyaband, District Gariyaband (Chhattisgarh).

3. Tahsildar, Tahsil Devbhog, Police Station Devbhog, District Gariyaband (Chhattisgarh).

---- Respondents For Petitioner :

Shri Vikas Dubey, Advocate on behalf of Shri Abhishek Pandey, Advocate For Respondents-State :

Shri Arvind Dubey, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/04/2017

1. Learned counsel appearing for the petitioner submits that vide order dated 30/07/2016 (Annexure P/1), the petitioner, working as Patwari at Gariyabandh, has been transferred to Raigarh, on his own request. However, the petitioner has not yet been relieved to join the new place of posting. He would further submit that once the order of transfer has been passed, it is for the government to ensure that it is complied with immediately. He relies on a decision of the Supreme Court in Sreedam Chandra Ghosh Vs. State of Assam & others, (1996) 10 SCC 567, in support of his contention that if the order is not complied with, a direction can be issued for enforcement thereof.

2. Learned counsel appearing for the State/respondents submit that if the transfer order dated 30/07/2016 (Annexure P/1) is still in existence and has not been complied with, appropriate steps would be taken to comply with the order.

3. If the aforesaid transfer order is still in existence and no other order has been passed in respect of the petitioner, the government is under an obligation to comply with the same at once. It is accordingly directed that the transfer order shall be complied with forthwith, within a period of two weeks.

4. Accordingly, this petition is disposed of. Sd/- Judge Prashant Kumar Mishra ashu