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High Court Of ChhattisgarhWPS/2290/2016disposed off

Piteshwar Sidar v. State Of Chhattisgarh

2016-06-24Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2290 of 2016 Piteshwar Sidar S/o Shri Girdhari Lal Sidar, Aged About 34 Years Working As Assistant Teacher ( Panchayat) At Govt. Primary School Taparda, Pousour Tahsil Poursour And Dist. Raigarh (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat & Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. The Collector, Raigarh, District Raigarh (Chhattisgarh).

3. Chief Executive Officer, Zila Panchayat Raigarh District Raigarh (Chhattisgarh)

4. Chief Executive Officer, Zila Panchayat Baloda Bazar District Baloda Bazar Bhatapara (Chhattisgarh)

5. Chief Executive Officer, Janpad Panchayat Pousour Dist. Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Mr. R.S. Patel, Advocate For State :

Mr. S.P. Kale, Dy. A.G. on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/06/2016 Heard.

1.

The Petitioner has challenged the transfer order dated 18.04.2016 on several grounds. One of which ground that has been raised in the Petition is that the order violates the policy of keeping husband and wife together as far as possible.

2.

The Petitioner preferred this Petition without filing his representation probably for the reason that the order is sought to be challenged on the ground of jurisdiction as well.

3.

However, the ground that the broad policy of keeping the husband and wife together as far as possible requires consideration. It is expedient at this stage to dispose of the Petition with a direction to the Petitioner to represent his case within 10 days from today before the competent authority who passed the transfer order and the same shall be decided within a period of 3 weeks from the date of receipt of the representation. Meanwhile, for a period 3 weeks the impugned transfer order shall not be given effect to in relation to the Petitioner. 4.

With the aforesaid observation, the Petition is disposed of. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha