Shashikant Shrivas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4049 of 2017 Shashikant Shrivas S/o Jhannu Lal Shrivas, Aged About 34 Years Sub Auditor Office Of Sub Registrar, Cooperative Society Rajnandgaon, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh Through Secretary, Department Of Cooperative Societies, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

---- Respondent For Petitioner :

Shri T.K. Jha, Advocate For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/08/2017 Heard.

1. The main ground of challenge to the transfer order is that the petitioner is being transferred within a period of less than one year. The petitioner was transferred on his own request on medical ground in the month of November, 2016 and now within a period of 10 months, the petitioner is again being transferred.

2. The present transfer policy allows transfer to be made treating completion of normal tenure of posting is one year. The petitioner has been subjected to frequent transfer within 10 months. Though in acute administrative exigency and public interest, the transfer could be affected even without completion of normal tenure, it cannot be a routine affair and it has to be based on exigency of service. The matter requires consideration. If the petitioner submits representation within a period of 10 days, the same shall be considered and decided within a period of four weeks. For a period of four weeks, no coercive steps shall be taken against the petitioner.

3. The petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha