Premendra Kumar Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2155 of 2017 • Premendra Kumar Soni, S/o Late Shri Mahesh Chandra Soni, Aged About 43 Years, R/o Forest Colony, Sukma, Tahsil, Police Station & District Sukma, (Chhattisgarh) PIN 494111. ---- Petitioner

Versus

1. State Of Chhattisgarh Through its Secretary, Department of Forest, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur, District Raipur (Chhattisgarh).

2. Chief Conservator of Forest, Officer of Chief Conservator Of Forest, Circle Jagdalpur, District Bastar (Chhattisgarh).

3. Divisional Forest Officer, Office of D. F. O. Forest Division Sukma District Sukma (Chhattisgarh).

---- Respondents For Petitioner Shri Abhishek Pandey, Advocate For Respondent-State Shri Satish Gupta, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/05/2017 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 30.07.2016, 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, reported in 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 the 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. 5.

The petition is accordingly disposed of.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala