← Library
High Court Of ChhattisgarhWPS/2433/2017disposed off

Guru Prasad Nag v. State Of Chhattisgarh

2017-05-26Hon'Ble The Vacation Judge2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2433 of 2017 • Guru Prasad Nag S/o Raghunath Nag, Aged About 36 Years R/o Village Kosali, Post Heeranoor, Police Station Gidam, District Dantewada (Chhattisgarh).

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat And Rural Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh).

2. The Collector, District Bijapur (Chhattisgarh).

3. The Chief Executive Officer-Cum- Member Secretary, Project Execution Unit, Chhattisgarh Rural Road Development Agency, District Bijapur (Chhattisgarh).

---- Respondents For Petitioner :

Shri Aman Kesharwani, Advocate For Respondents-State :

Shri SP Kale, Dy. AG for the State HON'BLE The Vacation Judge Order On Board 26/05/2017

1. Learned counsel appearing for the petitioner submits that vide order dated 29.07.2016 (Annexure P/1), the petitioner, working as Sub-Engineer at Project Execution Unit, Chhattisgarh Rural Road Development Agency, Bijapur has been transferred to Janpad Panchayat, Bhairamgarh, District Bijapur, on his own request. However, the petitioner has not yet been relieved to join the new place of posting. Shri Kesharwani further submits that once the order of transfer has been passed, it is for the government to ensure that it is complied with immediately. He relies on a decision of the Supreme Court in Sreedam Chandra Ghosh Vs. State of Assam &

others, (1996) 10 SCC 567, in support of his contention that if the order is not complied with, a direction can be issued for enforcement thereof.

2. Learned counsel appearing for the State/respondents submit that if the transfer order dated 29.07.2016 (Annexure P/1) is still in existence and has not been complied with, appropriate steps would be taken to comply with the order.

3. If the aforesaid transfer order is still in existence and no other order has been passed in respect of the petitioner, the government is under an obligation to comply with the same at once. It is accordingly directed that the transfer order shall be complied with forthwith, within a period of two weeks.

4. Accordingly, this petition is disposed of. Sd/- V. Judge Prashant Kumar Mishra Ashu