High Court Of ChhattisgarhWA/211/2019disposed off

D. R. Gurupanch v. State Of Chhattisgarh

2019-04-08Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Parth Prateem Sahu2 pages

WA No. 211 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 211 of 2019 • D. R. Gurupanch S/o Late Agar Chand Gurupanch, Aged About 59 Years Occupation Service, Presently Working As Assistant Engineer, Public Health Engineering Public Health Engineering Department, Sub Division Kasdol, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Social Welfare, Mahanadi Bhawan, Mantralay, Naya Raipur Chhattisgarh.

2. Chhattisgarh Election Commission , Through The Chief Election Commissioner Chhattisgarh, D.K.S. Bhawan, Old Mantralay Road Tahsil And District Raipur Chhattisgarh. ---- Respondents For Petitioner :- Shri N.K. Malaviya, Advocate For Respondent-State :- Shri Siddharth Dubey, Dy. G.A.

For Respondent No.2 :- Shri Ranbir Singh Marhas, Advocate Hon'ble Shri Prashant Kumar Mishra, Ag. CJ Hon'ble Shri Parth Prateem Sahu, J.

Judgment on Board By Prashant Kumar Mishra, Ag. CJ 08/04/2019

1. Petitioner's writ petition challenging the order passed by the State Government on 20.02.2019, transferring him from the

WA No. 211 of 2019 post of Assistant Engineer (Civil), PHE (Public Health Engineering), Sub-Division Kasdol, District Baloda Bazar, Bhatapara to PHE, Division Sukuma, District Sukuma has been rejected on the ground that petitioner has put in more than 3 and half years of service at Kasdol.

2. Considering the fact that petitioner is a Class-I officer and has already remained posted at Kasdol for more than 3 and half years, we are not inclined to interfere with the impugned order, however, since at present the code of conduct issued by the Election Commission for on going Parliamentary Election is operative and the petitioner is still posted at Kasdol, we dispose of the writ appeal by directing that till the code of conduct of the Parliamentary Election is operative the petitioner shall not be relieved from the present place of posting. Immediately, after the code of conduct is over, the petitioner shall get himself relieved from Kasdol to join at Sukuma.

3. In above manner, writ appeal is disposed of. Sd/- Sd/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Ankit