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High Court Of ChhattisgarhWPS/1423/2015disposed off

Kailash Kumar Kemro v. State Of Chhattisgarh And ORS.

2015-04-23Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (S) No. 1423 of 2015 Kailash Kumar Kemro, S/o Lt. Samdhar Singh Kemro Aged About 40 years Occupation Assistant Veterinary Field Officer, Veterinary Hospital Dornapal, P.S. Dornapal, Distt. Sukma ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Animal Husbandary Development Mantralaya, Mahanadi Bhawan, Naya Raipur, P.S. Abhanpur, District Raipur (C.G.)

2. Collector, Sukma, District Sukma, (C.G.)

3. Deputy Director, Veterinary Services, Sukma, P.S. Sukma, District Sukma (C.G.) ---- Respondents For Petitioner Ms. Deepali Pandey, Advocate For Respondent/State A. V. Shridhar, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 23/04/2015 Heard learned counsel for the parties.

1.

Learned counsel appearing for the petitioner submits that vide order dated 15/07/2014 (Annexure P/1), the petitioner has been transferred to District Raipur, on his own request. However, the petitioner has not yet been relieved to join the new place of posting. Learned counsel further submits that once the order of transfer has been passed, it is for the government to ensure that it is complied with immediately. She relies on a decision of the Supreme Court in Sreedam Chandra Ghosh Vs. State of Assam & others, (1996) 10 SCC 567, in support of her contention that if the order is not complied with, a direction can be

issued for enforcement thereof.

2.

Learned counsel appearing for the State/respondents submit that if the transfer order dated 15/07/2014 (Annexure P/1) is still in existence and has not been complied with, appropriate steps would be taken to comply with the order.

3.

If the aforesaid transfer order is still in existence and no other order has been passed in respect of the petitioner, the government is under an obligation to comply with the same at once. It is accordingly directed that the transfer order shall be complied with forthwith, within a period of two weeks.

4.

Accordingly, this petition is disposed of.

JUDGE Ashu