Maheshwar Narayan Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1614 of 2017 • Maheshwar Narayan Sinha S/o H.N. Sinha Aged About 50 Years, R/o Village HIG-19, Ratnabandha Chowk, Tehsil and DistrictDhamtari, Chhattisgarh, Posted as Excise Sub Inspector, District Excise Office, District- Dhamtari, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Commercial Tax (Excise) Department, Mahanadi Bhawan, Naya Raipur, DistrictRaipur, Chhattisgarh

2. Commissioner of Excise, Excise Building, Labhandi, Raipur, District- Raipur, Chhattisgarh

3. The Collector, Dhamtari, District- Dhamtari, Chhattisgarh

4. The District Excise Officer, District- Dhamtari, Chhattisgarh ---- Respondents For Petitioner Shri Lalit Jangde, Advocate For Respondent-State Shri Satish Gupta, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/04/2017 1.

Learned counsel for the petitioner would submit that the petitioner has been promoted from the post of Excise Sub Inspector to the post of Assistant District Excise Officer on 03.02.2017 and has been posted as Assistant District Excise Officer in the office of Assistant Commissioner (Excise), District Bilaspur. However, the District Excise Officer, Dhamtari is not relieving the petitioner despite several representations.

2.

Considering the limited nature of relief prayed for in this writ petition, the petition is disposed of with direction that in the event, the petitioner moves application for his relieving before the District Excise Officer, Dhamtari, the said Officer shall relieve the petitioner to enable him to join at the newly posted place, if there is no legal impediment in relieving him. If for any lawful reason, the District Excise Officer, Dhamtari is of the opinion that the petitioner's relieving is not possible or permissible, he shall pass a reasoned order informing the petitioner about his non relieving from Dhamtari. In such eventuality, it will be open for the petitioner to move afresh before this Court.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala