High Court Of ChhattisgarhWPS/5781/2017disposed off

Chitranjan Patel v. State Of Chhattisgarh

2017-11-07Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5781 of 2017 • Chitranjan Patel S/o Satyanand Patel, Aged About 55 Years Upper Division Teacher, Govt. Middle School, Thakurpali, Block Dabhra, District Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. District Education Officer, Janjgir-Champa, District JanjgirChampa, Chhattisgarh ---- Respondent For Petitioner Shri C.J.K. Rao, Advocate.

For Respondents Shri Rajendra Tripathi, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/11/2017

1. Challenge in this petition is to the order dated 14.08.2017 by which he has been transferred from Govt. Middle School, Thakurpali, Block Dabhra to Govt. Middle School, Katgari, Block Akaltara, district Janjgir-Champa 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 without there being any administrative exigency.

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