Jagdish Prasad Khare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2864 of 2015 Jagdish Prasad Khare S/o Shri Tulsi Ram Khare Aged About 44 years Assistant Grade-2, Tehsil Office- Korba, R/o N H- 12, New Rajswa Colony, Rampur, Korba, District Korba, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Naya Mantralaya, New Raipur, (Chhattisgarh)

2. Commissioner, Bilaspur Division, Mungeli Naka, Bilaspur, Distt. Bilaspur, (Chhattisgarh)

3. Collector, Korba, Distt. Korba, (Chhattisgarh)

4. Tehsildar, Tehsil- Korba, Distt. Korba, (Chhattisgarh) ---- Respondent For Petitioner : Shri Jitendra Shrivastava, Advocate For Respondent : Shri Prasoon Bhaduri, G.A. for the State.

Hon'ble Shri Justice Pritinker Diwaker Order On Board 07/08/2015 Challenge in the present petition is to the order dated 20.07.2015 (Annexure P-1) passed by respondent No.3 whereby the petitioner who is working as Assistant Grade-II has been transferred from Up-Tahsil Barpali, Kartala, District Korba to Tehsil Podiuproda, district Korba which is about 100 kms. away from the present place of posting.

Counsel for the petitioner submits that the petitioner has been transferred showing him to be working at somewhere else. He further submits that apparently his transfer order is faulty and the petitioner cannot be compelled to join at the transferred place. He submits that he may be permitted to withdraw this petition with liberty to file representation before the competent authority and direction may be issued to the authority concerned to decide the same expeditiously. He however submits that till his representation is decided some protective order may be passed in favour of

the petitioner.

State counsel submits that if there is any typographical mistake in the order (Annexure P-1) the same would be corrected. He submits that let the petitioner make a representation before the competent authority and the same may be decided in accordance with law. He however submits that no protective order be passed in favour of the petitioner. The present petition is disposed of permitting the petitioner to file detailed representation within ten days from today before the competent authority and in turn the same would be decided by the authority concerned within a further period of four weeks from the date of the said representation. Till four weeks from today the petitioner shall be allowed to perform his duties in his present place of posting.

No observation on the merits of the case has been made by this Court and it would be for the competent court to act in accordance with law. Sd/- Pritinker Diwaker Judge suguna