Sonal Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1570 of 2017 • Sonal Chandrakar D/o Shri Harish Chandrakar, Aged About 31 Years, Occupation : Food Inspector, R/o Near Indravati Colony, Ghadi Chowk, Police Station Civil Line, Raipur Tahsil & Dist. Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through its Secretary, Department Of Food, Civil Supply And Consumer Protection, Mahanadi Mantralaya, Police Station & Post Rakhi, New Raipur, District Raipur (Chhattisgarh)

2. Collector, Office Of Collectorate, Gariyaband, Distt. Gariyaband (Chhattisgarh)

3. District Food Officer, Office Of Collectorate, Gariyaband, Distt. Gariyaband (Chhattisgarh) ---- Respondents For Petitioner Shri Abhishek Pandey, Advocate For Respondent-State Ms. Sunita Jain, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 07/04/2017 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 30.07.2016, she is not being relieved.

2.

The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, wherein

relying upon several judgments of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled.

3.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4.

Accordingly, this petition is disposed of with the direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent-Transferring Authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order. 5.

The petition is accordingly disposed of.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala