High Court Of ChhattisgarhWPS/7134/2017disposed off

Yogendra Gandecha v. State Of Chhattisgarh

2017-12-14Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7134 of 2017 • Yogendra Gandecha S/o Late Shri Mansukh Lal Gandecha, Aged About 50 Years Occupation Service, Posted As Forest Ranger At Range Barankela, Tehsil Baramkela, Revenue And Civil District Raigarh Chhattisgarh, R/o Forest Colony, Baramkela, Post, Police Station And Tehsil Baramkela, Revenue And Civil District Raigarh Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Forest, Mahanadi Bhawan, Naya Raipur, Revenue And Civil District Raipur Chhattisgarh.

2. Divisional Forest Officer Raigarh, Revenue And Civil District Raigarh Chahttisgarh.

3. Divisional Forest Officer, Balod, District Balod Chhattisgarh.

4. Chief Conservator Of Forest, Bilaspur Conservancy / Circle, District Bilaspur Chhattisgarh.

5. Chief Conservator Of Forest, (Wild Life) And Area Dirctor, Achanakmar Tiger Reserve Bilaspur, District Bilaspur Chhattisgarh. ---- Respondent For Petitioner Shri Surfaraj Khan, Advocate.

For Respondents/State Shri Sameer Behar, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/12/2017

1. Challenge in this petition is to the order dated 14.08.2017 by which he has been transferred from Forest Range Baramkela (Gomarda Sanctuary), District Raigarh to D.F.O Balod.

2. Grounds raised by the petitioner is that the impugned order has been passed with malafide intention and that to without there being any administrative exigency. The petitioner has been transferred during mid session which is not at all sustainable in the eyes of law.

3. Considering the facts situation of the case, it would be appropriate to allow the petitioner to prefer a representation before the concerned competent authority raising his grievance against the impugned transfer order.

4. Let the petitioner prefer representation within a period of 04 weeks from today and thereafter, the concerned competent authority shall consider and decide the same within the next 8 weeks, in accordance with law and on its own merits.

5. For a period of 12 weeks or till the representation is decided, whichever is earlier, the status quo, as it exists today, in respect of the petitioner's posting, shall be maintained.

6. The writ petition is accordingly disposed of.

7. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- Judge Prashant Kumar Mishra Akhilesh