High Court Of ChhattisgarhWPS/5780/2017disposed off

N. S. Jangde v. State Of Chhattisgarh

2017-11-03Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5780 of 2017 • N. S. Jangde S/o Late Lalji Jangde, Aged About 61 Years Occupation Service, Presently Working As Assistant Engineer, Public Health Engineering (Civil), Sub-Division Balodabazar, R/o Panchsheel Nagar, Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh, Civil & Revenue District Balodabazar-Bhatapara, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Secretary, Ministry Of Public Health Engineering, Mantralay, Mahanadi Bhawan, Naya Raipur, Chhattisgarh ---- Respondent For Petitioner Shri Devesh Chandra Verma, Advocate.

For Respondents/State Shri R.K. Gupta, Dy. A.G.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/11/2017

1. Challenge in this petition is to the order dated 10.08.2017 by which he has been transferred from Sub Division, Public Health Engineering (Civil), Balodabazar to Sub Division, Public Health Engineer (Civil), Saja on the ground of administrative exigency.

2. The ground raised by the petitioner is that the impugned order is contrary to the transfer policy and the petitioner is going to retire within a period of 22 months.

3. Considering the facts situation of the case, it would be appropriate to allow the petitioner to prefer a representation before the concerned competent authority raising his grievance against the impugned transfer order.

4. Let the petitioner prefer representation within a period of 4 weeks from today and thereafter, the concerned competent authority shall consider and decide the same within the next 8 weeks, in accordance with law and on its own merits.

5. For a period of 10 weeks or till the representation is decided, whichever is earlier, the status quo, as it exists today, in respect of the petitioner's posting, shall be maintained.

6. The writ petition is accordingly disposed of.

7. 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 Akhilesh