Kailash Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1984 of 2017 • Kailash Sharma S/o Shri Hari Shankar Sharma, Aged About 58 Years Presently Working As Assistant Revenue Inspector, Municipal Council, Bhatapara, District Baloda Bazar (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)

2. The Under Secretary, Department of Urban Administrative And Development, Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Sudeep Agrawal, Advocate For Respondents-State :

Shri SP Kale, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/04/2017

1. Petitioner is aggrieved by his transfer from Municipal Council, Bhatapara to Municipal Council, Tilda Neora.

2. Considering the submission made by the learned State counsel that the impugned transfer order has been passed on administrative exigency, it may not be open for this Court to assess the existence or gravity of the administrative exigency, which has necessitated the impugned order, therefore, let the petitioner move a representation before the concerned Secretary raising his grievance in the matter within a period of 15 days from today. On such representation being filed, the concerned Secretary shall decide the representation at the earliest, preferably within a period of 6

weeks from the date of submission of representation.

3. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- Judge Prashant Kumar Mishra Ashu