Dharmendra Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.4616 of 2015 Dharmendra Kumar Sahu, S/o Bhandari Ram, aged about 32 years, R/o Village Manpur, Post Mahora, Police Station Patna, Tahsil Baikunthpur, Civil & Revenue District Korea (CG) ---- Petitioner

Versus

1.

State of Chhattisgarh, through Secretary, Panchayat & Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur.

2.

Zila Panchayat, Baikunthpur, Korea, through Chief Executive Officer, Zila Panchayat, Baikunthpur, Korea, District Korea. 3.

Rajkumar Gupta, Lecturer (Panchayat), Govt. High School, Sunderpur, Sonhat, District Korea (CG) --- Respondents For Petitioner : Shri Manoj Paranjpe, Advocate For Respondents : Shri Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/12/2015 (1) Heard.

(2) By the impugned order dated 03.10.2015 passed by the Chief Executive Officer, Zila Panchayat, Korea whereby, the petitioner has been transferred from Government High School, Biharpur, Manendragarh, Korea to Govt. High School, Sunderpur, Sonhat Korea on the mutual ground.

(3) Learned counsel appearing for the petitioner would submit that

the petitioner has not given any such consent for the mutual transfer in the year 2015-2016, whereas the petitioner has been transferred on the basis of mutual consent by the respondent No.3 and therefore, he may be permitted to make a representation before the Collector, Korea, to which counsel for the State has no objection. (4) Prayer appears to be fair and reasonable.

(5) The petitioner is permitted to make a representation before the Collector, Korea. If such representation is made by the petitioner before the Collector, Korea and in turn, Collector, Korea shall consider and decide the plea of the petitioner that the petitioner has not given any such consent for mutual transfer with respondent No.3 on its own merit and in accordance with law within a period of 30 days from the date of receipt of copy of this order.

(6) For a period of four weeks, the effect and operation of the impugned transfer order dated 03.10.2015, in respect of the petitioner shall remain stayed.

(7) With the aforesaid observation, the petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-