Suraj Prasad Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3360 of 2021 Suraj Prasad Dewangan S/o Shri Sonu Ram Dewangan, Aged About 50 Years, Resident Of Gobra, Nawapara, Abhanpur, District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh

2. The Director, Directorate Of Health And Family Welfare, Mantralaya, Indravati Bhawan, Atal Nagar, District Raipur, Chhattisgarh

3. Divisional Joint Director, Health Services, Raipur Division, Raipur Chhattisgarh.

4. Chief Medical And Health Officer, Raipur, District Raipur, Chhattisgarh.

5. Block Medical Officer, Primary Health Centre, Abhanpur, District Raipur Chhattisgarh.

---- Respondents For Petitioner :

Mr. Abhyuday Singh, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 07.07.2021

1. Aggrieved by the order of the respondents dated 16.06.2021 shifting the petitioner's place of posting from Abhanpur to Arang, the present writ petition has been filed.

2. Counsel for the petitioner submits that the petitioner has been subjected to frequent shifting of his place of posting in the recent past

and now vide impugned order he has again been shifted from Abhanpur to Arang. He submits that the impugned order could not be an order of transfer because it was not issued by a competent authority and if it is an order of attachment then attachment is otherwise made impermissible by the Govt. by its circular issued in the recent past. The further contention is that the order seems to be an act of malafide on the part of the respondent no.4 inasmuch as the petitioner has moved certain applications under the Right to Information Act which must have drawn the annoyance of the authorities forcing them to issue the impugned order.

3. All said and done, taking into consideration the distance between Abhanpur to Arang and moreover, the two place of posting being within district Raipur, this Court is not inclined to entertain the writ petition at this juncture.

4. However, as regards the grievance that the petitioner has, he would be at liberty to file a representation in this regard to the respondents 2 & 3 and in case the petitioner makes a representation highlighting his grievances, the respondents 2 & 3 are expected to take a decision in accordance with law at the earliest.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai