Ramesh Kumar Agrawal (Baba) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.1998 OF 2019 Ramesh Kumar Agrawal (Bada) S/o Late Shri Durga Shankar Agrawal Aged About 61 Years Working As Assistant District Excise Officer, Office Of Deputy Excise Commissioner, Raipur, District- Raipur, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary Commercial Tax (Excise) Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

2. The Under Secretary Through Government Of Chhattisgarh, Commercial Tax (Excise) Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

3. The Collector Through Raipur, District- Raipur, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Raghvendra Pradhan, Advocate.

For Respondent-State :

Shri Rahul Mishra, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19.03.2019

1. The challenge in this petitioner is to the order of transfer dated 08.03.2019 whereby the petitioner has been transferred from Raipur to Divisional Flying Squad, Bastar Division.

2. The challenge to the order of transfer is on the ground that the petitioner at the present place of posting had been transferred only about five months back vide order dated 04.07.2018 and the petitioner joined at Raipur only on 20.07.2018. After having worked for less than five months time, the petitioner has been transferred from Raipur to Bastar. Thus, the petitioner is being subjected to frequent transfer. Further ground raised by the petitioner is that the petitioner is due to retire in March, 2020 and thus the order of transfer is contrary to the transfer policy as it is the policy decision of the State not to transfer any employee who has got service of less than one year.

3. Given the aforesaid factual matrix of the case, let the petitioner make a detailed representation to the respondent No.1 within a period of 10 days

from today supported with all relevant records and the respondent No.1 in turn shall consider the representation of the petitioner and pass an appropriate order at the earliest preferably within a further period of 30 days.

4. Till the representation of the petitioner is decided by the respondent No.1, it is ordered that the effect and operation of the impugned order dated 08.03.2019 so far as the petitioner is concerned, shall remain stayed.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder