Kunjeshwar Singh Kaushal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1886 of 2017 • Kunjeshwar Singh Kaushal S/o Shri Yogeshwar Kaushal, Aged About 37 Years R/o Housing Board Colony, Senior M. I. G. 55, Dhamtari, Tahsil, Police Station & District Dhamtari (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 Office, Rajim, District Gariyaband (Chhattisgarh). ---- Respondent For Petitioner : Shri Abhishek Pandey, Advocate.

For Respondents : Miss Tripti Rao, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 26/04/2017

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 21.07.2016, he is not being relieved.

2. 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.

3. Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4. Accordingly, this petition is disposed of with a direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order.

Sd/- Judge (Prashant Kumar Mishra) Barve