High Court Of ChhattisgarhWPS/3915/2016disposed off

Bhachand Kashyap v. State Of Chhattisgarh

2016-08-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3915 of 2016 Bhachand Kashyap S/o Late M.R. Kashyap, Aged About 45 Years R/o Karandola, Post Bhanpuri, Tahsil And District Bastar Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur Chhattisgarh

2. Commissioner, Bastar Division Bastar, Jagdalpur Chhattisgarh

3. Collector, Bastar, District Bastar Chhattisgarh ---- Respondents Shri Kishore Narayan, counsel for the petitioner/s. Shri S.P.Kale, Dy.A.G. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2016 The transfer order is under challenge on the ground that the petitioner was frequently transferred. Earlier on 13/04/2016, the Sub-Divisional Officer changed the patwari halka number of the petitioner from village Nandpura P.H.No.6 to Madhota P.H.No.23. Now, the petitioner has been subjected to interdistrict transfer i.e. from Bastar to Bijapur. 2.

The next submission of learned counsel for the petitioner is that the wife of the petitioner is posted as Lecturer (Panchayat) at High School, Sorgaon, which is in the same district i.e. Bastar. Now by inter-district transfer, the petitioner's marital life may be adversely affected. 3.

On petitioner's own showing, right from the initial date of appointment, the petitioner has remained posted in District - Bastar only. Vide transfer order dated 13/04/2016, a local shift in patwari halka number has been made by the Sub-Divisional Officer. Now, the petitioner has been transferred from District - Bastar to District - Bijapur. It is also found that the wife of the petitioner is not

posted in the same place, may be in the same district. 4.

In view of above, this Court is not inclined to interfere with the transfer order. The petition is dismissed. However, it would be open for the petitioner to request the competent authorities, whether the wife of the petitioner can be considered for transfer and posting at or nearby place of posting of the petitioner in District - Bijapur.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti