Ashwani Kumar Kurre A. K. Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6078 of 2017 • Ashwani Kumar Kurre (A. K. Kurre) S/o Late Shri Munshi Ram Kurrey, Aged About 44 Years Caste Satnami, Occupation Service, Presently Posted as Rural Agriculture Extension Officer, Area Dadarkhurd, Block Korba, District Korba Chhattisgarh R/o Quarter No. 327, Sector-5, Balco Nagar, Balco Dadarkhurd, P. S. Balco District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Krishi Avam Jaiv Pradyhogiki, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

2. The Director, Agriculture, Raipur District Raipur Chhattisgarh.

3. Deputy Director, Agriculture, Korba District Korba Chhattisgarh.

4. Collector, Korba District Korba Chhattisgarh. ---- Respondent For Petitioner Shri Pushpendera Kumar Patel, Advocate.

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

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/11/2017

1. Challenge in this petition is to the order dated 14.08.2017 by which he has been transferred from the Office of Senior Agriculture Development Officer, Block Korba, District Korba to the Office of Deputy Director, Agriculture Korea, 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 that to without there being any administrative exigency. The wife of the petitioner is working on the post of Constable and posted at BALCO Nagar, Korba.

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 04 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