High Court Of ChhattisgarhWPS/2719/2016disposed off

Dharmendra Kumar Patel v. State Of Chhattisgarh

2016-07-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2719 of 2016 Dharmendra Kumar Patel S/o Shri Satyanarayan Patel, Aged About 31 Years R/o Bhagvanpur Ward, Nagar Panchayat Kotba, District Jashpur ( Chhattisgarh ) Presently Posted At Assistant Veterinary Filed Officer Veterinary Dispensary ( Out Line Dispensary ) Sonkyari, Block Manora District - Jashpur ( Chhattisgarh ) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Veterinary Services Chhattisgarh Raipur Mantralaya, Mahanadi Bhawan, New - Raipur, District - Raipur ( Chhattisgarh )

2. Director, Veterinary Services Chhattisgarh, Raipur, Office Of Director Opp. Guru Teg Bahadur Udhyan, G E Road, Raipur - 492001

3. Deputy Director, Veterinary Services, Office Of Deputy Director Veterinary Services District Jashpur ( Chhattisgarh ) ---- Respondents For Petitioner :

Mr. Ghanshyam Patel, Advocate.

For State :

Mr. D.R. Minj, Dy. G.A. on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/07/2016 Heard on admission.

Though, learned State counsel submits that he may be granted time to seek instructions in the matter, I am not inclined to grant time in view of the nature of grievance raised before this Court. Curiousness enough, despite there being an order of transfer issued on 15.07.2014, the petitioner has not been relieved. Clause 2 of the order says that the officer shall be treated as having been automatically relieved after 15 days and his salary shall not be paid from the present place of posting. It also says that if the order is violated, action would be taken

against Controlling authority.

Surprisingly, the order has not been complied with till date. Be that as it may, if the order stands as on the date, it should be complied with unless the Government, itself, has stayed or withdrawn the order.

In view of clause 2 of the order, the petitioner should be treated as having been relieved and he should be allowed to proceed on transfer. This order be placed before respondent No.3 for necessary compliance.

With the aforesaid observation, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha