High Court Of ChhattisgarhWPS/5946/2017disposed off

Sanjay Bareth v. State Of Chhattisgarh

2017-11-09Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5946 of 2017 • Sanjay Bareth S/o Shri Makhan Lal Bareth Aged About 33 Years Posted As Revenue Inspector, At R. I. Circule Hardibazar, Teshsil & District Korba Chhattisgarh R/o Pahadimar, Duggupara, Ward No. 37, Balco Nagar, Korba District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue & Dissaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. The Director, Land Records, Chhattisgarh H. Q. Indrawati Bhawan, Naya Raipur Chhattisgarh

3. The Collector, District Korba Chhattisgarh ---- Respondent For Petitioner Shri Rajesh Kumar Kesharwani, Advocate.

For Respondents Shri R.K. Mishra, Dy. A.G.

Order On Board 09/11/2017

1. Challenge in this petition is to the order dated 14.08.2017 by which he has been transferred from R.I. Circle, Hardibazar, District Korba to Tahsil Mohla, District Rajnandgaon (C.G.) on the ground of administrative exigency.

2. The ground raised by the petitioner is that the impugned order has been passed contrary to the transfer policy and the same is suffers from frequent transfers because within a short span of 10 months, the petitioner has again been

transferred.

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 12 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