Manoj Kumar Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1661 of 2017 • Manoj Kumar Kanwar S/o Shri Bahoran Lal Kanwar, Aged About 32 Years Occupation Patwari, R/o Parinagar, Gariyaband Police Station Gariyaband, Tahsil & District Gariyaband, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur, District Raipur (Chhattisgarh).

2. Collector, Office Of Collectorate, Gariyaband, District Gariyaband (Chhattisgarh).

3. Tahsildar, Tahsil Devbhog, Police Station Devbhog, District Gariyaband (Chhattisgarh).

---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For Respondents-State :

Shri Satish Gupta, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/04/2017

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 30.07.2016, he is not being relieved.

2. The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, wherein relying upon several judgment of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled.

3. Therefore, in these circumstances, either the transfer order has to be

implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4. Accordingly, this petition is disposed of with the direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order.

5. The petition is accordingly disposed of.

Sd/- J U D G E (Prashant Kumar Mishra) ashu