Dilip Kumar Patre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5946 of 2016 • Dilip Kumar Patre S/o Shri M.C. Patre, Aged About 44 Years Presently Posted And Working As Assitant Veterinay Hospital Rajnandgaon, Chhattisgarh R/o G 11, New Civil Line, Civil & Revenue Distirct Rajnandgaon Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Secretary, Veterinary Department Development, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur Distirct Raipur Chhattisgarh • The Under Secretary, Veterinary Development, Department, Mahandi Bhawan, Mantralaya, Capital Complex, New Raipur, Distirct Raipur Chhattisgarh • The Director, Directorate Of Veterinary Services, Indravati Bhawan, Naya Raipur, Distirct Raipur Chhattisgarh • Deputy Director, Veterinary Services Rajnandgaon, District Rajnandgaon Chhattisgarh • Shri U.K. Fandiyal, Assistant Veterinary Filed Officer, Veterinary Hospital Rengakatera, Distirct Rajnandgoan Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For State :

Mr. D.R. Minj, Dy. Government Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/10/2016 1.

Challenge is to the order dated 12.09.2016 passed in compliance of recommendation dated 06.09.2016, by which petitioner's representation has been rejected.

2.

Learned counsel for the petitioner submits that the petitioner had applied for cancellation of the transfer order on the ground that his wife is posted as Assistant Grade-III in the Labour Department, Rajnandgaon and the petitioner has also taken another ground that he and his wife adopted a child who has been operated, therefore, for these personal grounds, the transfer order be cancelled. 3.

In the order impugned, it has been clearly mentioned that the petitioner has been transferred only within Rajnandgaon district and

his transfer order has been passed in the administrative exigency to provide proper facility for treatment of cattle in the Government hospital.

4.

In the absence of any illegality or any malafide procedure of transfer, the order passed in exigency of administration is not liable to be interfered in the writ jurisdiction under Article 226 of the Constitution of India, therefore, I do not find any ground to interfere with the order. The petition is accordingly dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Chandra