Chandra Prakash Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 126 of 2017 Chandra Prakash Sharma S/o Late Shri K. N. Sharma, Aged About 51 Years R/o Gypsy 27, Ganpati Vihar, Borsi, P. S. Pulgaon, District Durg (Chhattisgarh). ---- Appellant

Versus

1. State Of Chhattisgarh Through : The Secretary, Women & Child Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (Chhattisgarh).

2. The Director, Directorate Of Women And Child Development Department, New Raipur, District Raipur (Chhattisgarh).

3. Collector, Balod, District Balod (Chhattisgarh). ---- Respondents For Appellant : Shri T.K. Tiwari, Advocate.

For Respondent/State : Shri A.S. Kachhawaha, Additional Advocate General. Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri P. Sam Koshy, Judge.

Order on Board Per Thottathil B. Radhakrishnan, Chief Justice 07/04/2017 1.

We have heard Learned Counsel for the Appellant. 2.

This appeal is against the judgment of the Learned Single Judge issued on a challenge to a transfer order. The Learned Single Judge has held that some discrepancy has crept in and the Appellant shall proceed to join at Bemetara and he shall not be subjected to any hardship on the ground that earlier he was relieved from Gunderdehi to join at Dondi as per order dated 14.6.2016. The establishment was given liberty to pass rectification order. That is direction to the executive, essentially to power in relation to an administrative matter. The Learned Single Judge having protected the Appellant from being subjected to any hardship, we do not see any ground to interfere with the impugned order.

3.

The aforesaid position notwithstanding, the Learned Counsel for the Appellant submits that the rectification order has not been issued by the Government. This is a matter on which the Learned Additional Advocate General will advise his clients and that it will be a matter within the liberty of the Appellant to seek appropriate remedy, if there is continued non-issuance of rectification order.

4.

Subject to what is stated in the immediately preceding paragraphs, this writ appeal is dismissed.

5.

The writ appeal is ordered accordingly.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE Anu