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High Court Of ChhattisgarhWPS/5961/2017disposed off

Smt. Sanjita Gupta v. State Of Chhattisgarh

2017-11-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5961 of 2017 • Smt. Sanjita Gupta, W/o Pragesh Kumar Gupta, Aged About 25 Years, Sub Engineer (RES), Janpad Panchayat Pathalgaon District Jashpur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department of Panchayat & Rural Development, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh.

2. Engineer-in-Chief, Rural Engineering Services (RES), Chhattisgarh, Raipur, Chhattisgarh.

3. Collector, Jashpur, District Jashpur, Chhattisgarh.

4. Chief Executive Officer, Zila Panchayat Jashpur, District Jashpur Chhattisgarh.

5. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh, Chhattisgarh.

6. Chief Executive Officer, Janpad Panchayat , Pathalgaon District Jashpur Chhattisgarh.

7. Chief Executive Officer, Janpad Panchayat Tamnar, District Raigarh Chhattisgarh.

---- Respondents For Petitioner Shri D. R. Patel, Advocate For Respondent-State Shri R. K. Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/11/2017 1.

The petitioner has filed this petition on the grievance that though the transfer order has been issued on 14.08.2017, he 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 Chhattigarh 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, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities shall relieve the petitioner towards implementation of the transfer order dated 14.08.2017. 5.

It is also made clear that if any administrative exigency impede the petitioner's relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the issue of transfer on account of any administrative exigency. Sd/- Judge Prashant Kumar Mishra Nirala