Bhupesh Kumar Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3069 of 2015 • Bhupesh Kumar Netam, S/o Shri Kunwar Singh, aged about 43 years, Sub-Engineer, working at ofÏce of Executive Engineer, Project implementation Unit No.02, Chhattisgarh Rural Road Development Agency, Sukma, District Sukma (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through : The Secretary, Panchayat & Rural Development Department, Mahanadi Bhawan, New Raipur (C.G.)

2. Executive Engineer, Project implementation Unit No.02, Chhattisgarh Rural Road Development Agency, Sukma, District Sukma (C.G.)

3. The Collector, Sukma, District Sukma (C.G.) ---- Respondents For Petitioner Mr. Somkant Verma, Advocate For Respondent/State Mr. Arvind Dubey, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/08/2015 Heard finally with the consent of learned counsel for the parties. (2) The petitioner has been transferred from Project Implementation Unit No.2, Sukma to Mobile Van, Project Implementation Unit, Kanker on 13.03.2015, however, the petitioner is not relieved despite several applications.

(3) Learned counsel for the petitioner would place reliance on the law laid down by the Supreme Court in the matter of Sreedam Chandra Ghosh vs. State of Assam and others (1996) 10 SCC 567, and the

judgment rendered by this Court in the matter of Mayanka Upadhyay vs. State of Chhattisgarh and others (W.P.(S) No.5913 of 2014 decided on 02.03.2015).

(4) Considering the law laid down by this Court in Smt. Mayanka Upadhyay, the writ petition is disposed of with a direction that in the event the petitioner prefers an application for his relieving from Sukma to enable him to comply with the State Government's order dated 13.03.2015 (Annexure P/1), the competent authority shall relieve the petitioner without undue delay.

Sd/- Judge (Prashant Kumar Mishra) Shyna