Ramkumar Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 187 of 2018 Ramkumar Tiwari S/o Late Shri Vishram Tiwari Aged About 56 Years Working As Assistant Grade - 2 Tahsil Office Ramanuganj , District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. The Collector And District Election Officer, District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh

3. The Tahsildar Ramanujganj, District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh

4. Paikas Lakra, Posted As Assistant Grade - 2 Tahsil Office Ramanujganj District Balrampur Ramanujganj Chhattisgarh, Lakshadweep ---- Respondents Shri Rahul Mishra, counsel for the appellant/s. Shri R.K.Gupta, Dy.A.G. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 22/03/2018 Heard.

This appeal is directed against impugned order dated 31/01/2018 passed by the learned single judge whereby the petition filed by the petitioner has been dismissed with cost.

2.

Though learned counsel for the petitioner vehemently argues to convince us that the private respondent could not continue, once there is a transfer order, we do not see any ground to interfere with the order passed by the single judge in so far as

findings with regard to writ of quo warranto is concerned. Apparently, the petition filed by the petitioner does not involve any issue of quo warranto as there is no material to show that the private respondent has usurped the public office though he was not qualified to hold the office in accordance with law. 3.

This is only a matter of transfer and posting. The order passed by the learned single judge does not call for any interference. The writ appeal is accordingly dismissed.

4.

Learned counsel for the appellant, at the end, submits that he is not getting salary.

5.

This is not an issue for consideration in this appeal. The appellant may raise this issue in a separately constituted proceedings under the law. Sd/- Sd/- ( Manindra Mohan Shrivastava ) ( Sharad Kumar Gupta ) Judge Judge Deepti