High Court Of ChhattisgarhWPS/3365/2015dismissed

P. L. Panth v. State Of Chhattisgarh

2015-09-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3365 of 2015 P.L. Panth, S/o B.L.Panth, aged about 60 years, presently posted as SubDivisional Officer, Water Resources Department, Pendra Road, SubDivision, R/o Near Tahsil, Pendra Road, District Bilaspur (CG) --- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary, Department of Water Resources, New Mantralaya, Post & Police Station Mandir Hasaud, Raipur (CG)

2. Under Secretary, Department of Water Resources, New Mantralaya, Post & Police Station Mandir Hasaud, Raipur (CG)

3. Executive Engineer, Water Resources Department, Pendra Road Division, District Bilaspur (CG)

4. Santosh Kumar Kaushik, Assistant Engineer (Ru), Office of Executive Engineer, Water Resources Division, Pendra Road, (CG), District Bilaspur (CG) ---- Respondent For Petitioner : Shri Mateen Siddiqui, Advocate.

For Respondent/State : Shri Dhiraj Wankhede, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/09/2015

1. The petitioner has assailed the order dated 9.9.2015 whereby he has been transferred from the office of SDO, Water Resources Department, Sub Division Pendra Road to the office of Assistant Engineer (Rural), office of Executive Engineer, Water Resources Division, Pendra Road.

2. It is argued that the petitioner has joined at the present place in July, 2014, therefore, he has completed only 13 months of service, yet he has been transferred only to accommodate respondent No.4. It is also submitted that the order has been issued during ban period.

3. In the impugned order, the petitioner's station of posting/headquarters has not been changed inasmuch as despite the impugned order he would remain at Pendra Road. For this reason alone, this Court would not interfere in the matter because it is settled law that it is not permissible for an employee to remain posted in the office of his choice.

4. Accordingly, the writ petition deserves to be and is hereby dismissed in limine.

Sd/- Judge (Prashant Kumar Mishra) Barve