Neelam Kiran Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2762 of 2019 Neelam Kiran Singh W/o Satish Singh Nagvanshi Aged About 41 Years Occupation Excise Sub Inspector, At Present Posted At Raipur, DistrictRaipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Commercial Tax (Excise) Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. The Under Secretary State Of Chhattisgarh, Commercial Tax (Excise) Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, DistrictRaipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. The Collector Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Raghvendra Pradhan, Advocate For State :

Mr. Sameer Behar, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/04/2019

1. The challenge in the present writ petition is to the order Annexure (P1) dated 02/03/2019 whereby the petitioner has been transferred from Raipur to Bilaspur. The challenge primarily is on the ground that the impugned order has been passed in a short span of seven months time. The petitioner was posted at Raipur only about seven months ago vide the order dated 30/07/2018 Annexure (P-3). Having put in just about seven months time the petitioner has been transferred.

2. Perusal of the two orders Annexure (P-1) dated 02/03/2019 and order dated 30/07/2018 Annexure (P-3) would show that both these orders

have been passed by the same authority and the reason assigned in the transfer orders also has been shown on administrative exigency.

3. Given the fact that the petitioner was earlier transferred only about seven months back and has now been again put to transfer, this Court is of the opinion that it could be a case of frequent transfer. Accordingly, let petitioner make a detailed representation to the respondent No. 1 who in turn shall decide the representation of the petitioner by way of a speaking order be passed within a period of 30 days from the date of receipt of copy of the representation. The petitioner should file representation within 10 days from the date of receipt of copy of this order.

4. Till the representation of the petitioner is decided, effect and operation of the impugned order shall remain stayed so far as the posting of the petitioner is concerned.

5. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit