Kamlesh Kumar Pant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6035 of 2017 • Kamlesh Kumar Pant S/o Shri Hari Ram Pant. Aged About 36 Years R/o Village And Post Kurushpal, Tahsil Baster, District Baster Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Agriculture And Bio-Technology, Department, Mahanadi Bhawan, Ministry New Raipur Chhattisgarh.

2. Dy. Director Agriculture Department, Sukma, District Sukma Chhattisgarh.

---- Respondent For Petitioner Shri Somkant Verma, Advocate For Respondent-State Shri Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/11/2017 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, he is not being relieved.

2.

The issue regarding implementation of transfer order, has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattigarh and others, 2015 (4) C.G.L.J.182, wherein relying upon several judgments of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified,

varied or cancelled.

3.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4.

Accordingly, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities shall relieve the petitioner towards implementation of the transfer order dated 14.08.2017. 5.

It is also made clear that if any administrative exigency impede the petitioner's relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the issue of transfer on account of any administrative exigency. Sd/- Judge Prashant Kumar Mishra Nirala