High Court Of ChhattisgarhWPS/6030/2017disposed off

Devanand Dewangan v. State Of Chhattisgarh

2017-11-14Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6030 of 2017 • Devanand Dewangan S/o Chhamma Lal Dewangan Aged About 36 Years Working On The Post Of ADEO at Senior Agriculture Development Officer Block Office Dhamdha, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its The Secretary Agriculture & Bio Technology Department Mahanadi Bhawan New Raipur Chhattisgarh

2. The Collector, District Durg Chhattisgarh

3. The Deputy Director, Agriculture District Durg Chhattisgarh

4. The Senior Agriculture Development Officer, Block Officer Dhamdha, District Durg Chhattisgarh ---- Respondent For Petitioner Shri B.L. Sahu, Advocate.

For Respondents/State Shri Sameer Behar, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/11/2017

1. Challenge in this petition is to the order dated 14.08.2017 by which he has been transferred from Office of Senior Agriculture Development Officer Block Office Dhamdha, District Durg to Senior Agriculture Development Officer, Block-Office Pandariya, District Kabirdham on the ground of administrative exigency.

2. The ground raised by the petitioner is that the impugned order has been passed in an illegal and arbitrary manner and that to without there being any administrative exigency. According to the petitioner, the petitioner has been transferred from the present place of posting and no one has been posted at in his place.

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