Alok Kumar Katakwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5637 of 2017 • Alok Kumar Katakwar S/o Late Shri K. P. Katakwar Aged About 58 Years R/o Mohalla Fundurdihari, Thana Gandhi Nagar, Ambikapur, District Sarguja, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Directorate of Food, Civil Supplies and Consumer Protection Department, Mahanadi Bhawan, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh.

2. The Collector, Collectorate Sarguja, District Sarguja, Ambikapur, Chhattisgarh.

3. The District Food Officer, District Sarguja, Thana Civil Line, Tahsil and District Sarguja, Chhattisgarh.

---- Respondents For Petitioner Shri N. K. Malviya, Advocate For Respondent-State Shri Sameer Behar, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/11/2017 1.

Challenge in this petition is to the order dated 06.10.2017, by which the petitioner has been transferred from Surguja to Sukma on the ground of administrative exigency.

2.

The ground raised by the petitioner is that the impugned order has been passed without approval of the concerned Minister and as such the same is in violation of the transfer policy issued by the State Government.

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 Nirala