High Court Of ChhattisgarhWPS/4354/2017disposed off

Khuman Singh Kashyap v. State Of Chhattisgarh

2017-11-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4354 of 2017 • Khuman Singh Kashyap S/o Late Shri Mehtar Singh Kashyap, Aged About 50 Years Posted As Chief Municipal Officer (CMO), Nagar Panchayat, Arjunda, P. S. Arjunda, Tahsil Gunderdehi, District Balod Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)

2. Director, Urban Administration And Development, Directorate, New Raipur, District. Raipur (Chhattisgarh)

3. Collector, Balod, District Balod (Chhattisgarh).

4. Lal Ji Chandrakar, Chief Municipal Officer, Nagar Panchayat Pandaria, District Kabeerdham, Chhattisgarh.

---- Respondent For Petitioner : Shri Yogesh Pandey, Advocate.

For Respondent/State : Shri Rajendra Tripathi, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/11/2017

1. The petitioner is aggrieved by the order dated 21.8.2017 whereby he has been transferred from Nagar Panchayat Arjunda to Nagar Panchayat Bodla.

2. Learned counsel for the petitioner would submit that the petitioner has

been transferred thrice during two months without any administrative exigency and in order to accommodate respondent No.4. The transfer order has been passed in utter violation of clause 1.1 and 1.7 of the transfer policy framed by the State Government and that it is a clear case of frequent transfer.

3. Considering the entire fact situation of the case, the Writ Petition is disposed of with a direction that in the event the petitioner submits a representation before competent authority of the respondents within a period of 4 weeks from today, the same shall be considered and decided by the competent authority of the respondents objectively by passing a speaking order, within a further period of 8 weeks. Till the representation of the petitioner is decided, the effect and operation of the impugned transfer order in respect of the petitioner shall remain stayed.

Sd/- Judge (Prashant Kumar Mishra) Barve