← Library
High Court Of ChhattisgarhWPS/4482/2016disposed off

Kalam Singh Nareti v. State Of Chhattisgarh

2016-09-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4482 of 2016 Kalam Singh Nareti S/o Late Shri Rayasuram Nareti, Aged About 42 Years Assistant Range Officer, Amabeda Sub Range, District Kanker, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through, The Secretaryd, Department Of Forest, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur, (Chhattisgarh)

2. Divisional Forest Officer, Bhanupratappur Forest Division, Bhanupratappur, District Kanker, (Chhattisgarh) ---- Respondents Shri Ajay Shrivastava, counsel for the petitioner/s. Shri R.K.Gupta, Dy.A.G. for the State / respondents on advance copy. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/09/2016 The order of transfer is under challenge on the ground that only five months before, the petitioner was brought to the present place of posting and now again, he is being shifted to another sub-range in a short period of five months. It is also submitted that at the present place of posting, the wife of the petitioner is also posted as Female Health Worker.

2.

It prima facie appears that within a short period of five months, the petitioner was firstly shifted from Badepinjori range to Amabeda range in the month of December and now, the petitioner has been shifted from the present place to another range, which is stated to be about 55 kms away. The wife of the petitioner is also posted at the present place of posting. There is also a policy of the Government to keep husband and wife together as far as possible, subject to administrative exigency. Therefore, taking cumulative view on the aforesaid grounds, particularly considering that within a short period of five months, the petitioner has been shifted, it would be proper to direct the respondents to consider and decide the representation of the petitioner, in case, it is preferred in

10 days from today. The decision on representation shall be taken in four weeks. For a period of four weeks, no coercive steps shall be taken against the petitioner.

3.

With the aforesaid directions, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti