High Court Of ChhattisgarhWPS/2810/2020disposed off

Ved Prakash Sharma v. State Of Chhattisgarh

2020-07-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2810 of 2020 • Ved Prakash Sharma S/o Late Shri Lakhan Lal Sharma Aged About 39 Years R/o House No. C-32, Arpa Greens Colony, Ratanpur Road, Sendri, Bilaspur District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Principal Chief Conservator Of Forests Department Of Forest, Aranya Bhawan, Sector-19, North Block Naya Raipur Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

3. Chief Conservator Of Forest Bilaspur Circle, Bilaspur District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Sandeep Dubey, Advocate For Respondents/ State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 17/07/2020

1. Heard.

2. The petitioner has been transferred from Range Assitant Basti, Marwahi to Chief Conservator of Forest officer, Bilaspur on anticipation of work distribution by order dated 10.07.2020.

3. Learned counsel for the petitioner submits that as per the recent circular of the State dated 27.05.2020 (Annexure P-7), transfer during the pandemic period could have been done only with certain restrictions. He further

submits that the transfer has been effected after the ban period thus transfer cannot be done, as the period of transfer was allowed up till 07.09.2019. He further submits that the transfer could not be made on the basis of anticipation of work distribution.

4. Perused the various circulars which are attached and as per Clause 2.4 of the Circular dated 27.05.2020 which is in respect of the transfer during the pandemic period purports that the transfer has to be done after certain approval of the authority. Under the facts of the case, the petitioner is given liberty to make a representation to Respondent No. 1 within a period of 3 weeks from today and in case such representation is filed the same shall be decided within a further period of 45 days.

5. In the meanwhile, till the representation of the petitioner is decided, the transfer order dated 10.07.2020 in respect of the petitioner shall not be given effect to.

6. With the aforesaid direction, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti