Ashok Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6622 of 2017 • Ashok Tiwari S/o Late Sohan Lal Tiwari, Aged About 61 Years Working As Sub-Engineer, Water Resources Department, Dantewada, District Dantewada, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Ministry New Raipur, Chhattisgarh

2. Executive Engineer, Water Resources Department, Division Dantewada, District Dantewada, Chhattisgarh ---- Respondent For Petitioner Mr. Somkant Verma, Advocate For Respondent /State Mr. Adhiraj Surana, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 29/11/2017

1. The petitioner has filed this petition on the grievance that though the transfer order has been issued on 10.08.2017, but 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 respondents' authority shall relieve the petitioner towards implementation of the transfer order dated 10.08.2017.

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) Shyna