Md. Israile Ali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5352 of 2016 • Md. Israile Ali S/o Late Abdul Gaffar, Aged About 49 Years Occupation Service Upper Divison Teacher Middle School Saawal, P.S. Sanawal Distirct Balrampur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary School Educaiton Department, Mantralaya, New Raipur Chhattisgarh

2. The Collector, Of Balrampur, Distirct Balrampur Chhattisgarh

3. The District Education Officer, Balrampur, Ramanujganj, Distirct Balrampur - Ramanujganj Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Bhupendra Singh, Advocate For State :

Mr. R.K. Gupta, Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/10/2016 Heard on admission.

1.

This petition has been filed by the petitioner challenging the impugned transfer order dated 30.07.2016 on the sole ground that even though petitioner has not made any application for transfer on his own request but by the impugned order, he has been transferred showing to be on his own request.

2.

Learned counsel for the petitioner submits that it is either because of factual mistake or an act of mischief by some one in the office. 3.

In the petition, it has been specifically mentioned that the petitioner has never made any application for transfer on his own request. It is also found that in the representation dated 17.08.2016 the petitioner has stated that he had never made any application for

transfer on his own request. The allegations made in the petition are serious in nature.

4.

The State, through a responsible officer, shall get inquiry made in the matter. It is expected that the inquiry shall be completed within a period of four weeks. Depending upon the result of inquiry, appropriate order shall be passed.

5.

For a period of four weeks, no coercive steps shall be taken against the petitioner to compel him to join at newly transferred place. The authority may also consider the petitioner's case subject to the condition if no body has been posted to the place of the petitioner. 6.

With the aforesaid direction / observation, the petition stands finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra