High Court Of ChhattisgarhWPS/3830/2021dismissed

Tirathram Dhritlahre v. State Of Chhattisgarh

2021-07-27Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 3830 of 2021

1. Tirathram Dhritlahre S/o Budhram Dhritlahre Aged About 57 Years Peon Krishi Sishal Prasetra Chorbhati Block- Takhatpur, District- Bilaspur, Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary, Department of Agricultural Development, Farmer Welfare And Bio Technology Mahanadi Bhawan, Mantralaya New Raipur, District- Raipur, Chhattisgarh.

2. Assistant Director, Sishal Prachhetra Chorbhati, Tahsil- Takhatpur, DistrictBilaspur, Chhattisgarh.

3. Anusuya Markam W/o Late Shri Ramnarayan Aged About 47 Years Class IV Employee R/o Jabdapara Old Sarkanda, Bilaspur, Chhattisgarh. ---Respondents For Petitioner :

Shri BK Chakraborty, Advocate.

For Respondent-State :

Shri Amit Buxy, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.07.2021 .

1. Aggrieved by the order dated 26.06.2021 the present writ petition has been filed. Vide the impugned order the respondents have cancelled the earlier order of transfer dated 05.10.2020.

2. Perusal of the impugned order would show that the same has been passed at the behest of the private respondent i.e. respondent No.3 who had earlier filed a writ petition before this court vide WPS No.4460 of 2020 which was disposed of on 23.11.2020 and the respondents were directed to conduct an enquiry and then take appropriate decision. The allegation was that the original order of transfer dated 05.10.2020 projecting it to be a mutual transfer was infact one which was obtained by playing fraud by the present petitioner. This court had asked the authorities to look into the grievance of the petitioner in the said petition and to take an appropriate decision. The respondents have now after conducting an enquriy and after

-2issuing a notice to the petitioner, as would be evident from Annexure P/6 dated 21.12.2020 have now passed the impugned order cancelling the earlier order dated 05.10.2020.

3. Given the aforesaid factual matrix of the case, and the findings arrived at by the authorities in the light of the observations made by this court in WPS No.4460 of 2020, this court does not find any strong case made out by the petitioner calling for an interference with the impugned order.

4. The writ petition accordingly being devoid of merit deserves to be and is hereby dismissed.

Sd/- (P. Sam Koshy) Judge inder