Jagdishwar Jayaswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3418 of 2015 Jagdishwar Jayaswal S/o A.R. Jayaswal, Aged About 55 Years Govt. H.S.S. Jepra, Block Charama, District Kanker Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mahandi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Collector, North Bastar, Kanker, District Kanker Chhattisgarh ---- Respondent For Petitioner :

Shri Ajay Shrivastava, Advocate.

For Respondent/State :

Shri Bhaskar Payashi, Panel Lawyer.

Order On Board 21/09/2015 Heard.

1.

Out of the two grounds raised in the petition challenging the order of transfer, one of the ground pertains to the jurisdiction of the Collector and it is submitted that during the period, transfer could be made only in accordance with the Government's Policy contained in clause 2.3 thereof and not in the manner, it has been done. 2.

Learned counsel for the State points out to the Court that this ground could be made by the petitioner to file representation before the Commissioner, who is higher authority then the authority who has passed the transfer order.

3.

In that view of the matter, the petition is disposed off with a direction that in case petitioner submits representation before the competent authority within 10 days from today, the same shall be decided within three weeks. For a period of five weeks, the impugned order shall not be given effect to.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha