Shyam Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4923 of 2016 Shyam Kumar S/o Thingeiya Aged About 52 Years Presently Posted And Working As Safai Karmachari (Swachhak) Class IV Employee, Community Health Center, Manendragarh, Korea, Baikunthpur, District Koriya Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Health & Family Welfare Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipru District Raipur Chhattigarh 2.

Collector, Korea, Baikunthpur District Korea Chhattisgarh 3.

Chief Medical & Health Officer, Korea, Baikunthpur Distirct Korea Chhattisgarh 4.

Block Medical Officer, Manendragarh, Korea Baikunthpur, District Korea Chhattisgarh ---- Respondents For Petitioner :

Mr. B.D. Guru, Advocate For Respondent-State :

Mr. Bhaskar Pyashi, P.L.

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 20/09/2016 Heard.

1.

The sole ground of challenge to the transfer order is that even though, the petitioner has not made any request for transfer, but by the impugned order, he has been transferred showing to be on his own request. 2.

Learned counsel for the petitioner submits that it is either because of factual mistake or an act of mischief. The allegation made in the petition are serious in nature.

3.

The competent authority through a responsible officer, shall get inquiry made in the matter and thereafter, appropriate decision shall be taken in the matter.

4.

Depending upon the result of inquiry as to how the petitioner has been transferred without there being any request, till appropriate modified order is passed, the petitioner shall be allowed to continue at the present place of posting.

5.

With the aforesaid observation, the petition stands finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari