Chhatt Lal Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5089 of 2017 Chhatt Lal Kashyap S/o Late Shri Lakhan Lal Kashyap, Aged About 57 Years R/o Vidhyut Nagar, Tifra, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Collector, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ravindra Sharma, Advocate For Respondent/State :

Mr. Satish Gupta, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/09/2017 Heard.

1. The transfer order is under challenge on the two grounds. Firstly, that the petitioner is an office bearer at block level. The other ground is that to the best of the information of the petitioner, the petitioner's name was not initially proposed in the proposal of transfer yet he has been transferred.

2. The exemption from transfer on the ground of employees being office bearer is applicable only in the case of district level officer bearer and not block level. The other ground that the petitioner was not initially proposed yet he has been transferred, is a matter of enquiry only by the competent authority as this is not a case of illegality but only procedural aspect in the matter of transfer. The petitioner may prefer representation on this ground before the competent authority and if the representation is made within 15 days from today, the same shall be considered and decided within a period of four weeks from the date of submission of representation.

3. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha