Smt. Vinita Kujur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3788 of 2020 • Smt. Vinita Kujur Wife Of Vinod Kujur Aged About 40 Years Working On The Post Of Forester, Forest Range Khadgawan, District Koriya (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Mantralay, Mahanadi Bhawan, Naya Raipur, Atal Nagar, P.O. And P.S. Naya Raipur, District Raipur (Chhattisgarh)

2. Principal Chief Conservator Of Forest, Chhattisgarh, Aranya Bhawan, Sector- 19, Naya Raipur, Atal Nagar, District Raipur (Chhattisgarh)

3. Chief Conservator Of Forest, Surguja Circle, Ambikapur, District Surguja (Chhattisgarh)

4. Divisional Forest Officer, Koriya Division, Baikunthpur, District Koriya (Chhattisgarh) ---- Respondents For Petitioner :

Mr. V.K. Pandey, Advocate For Respondents/ State :

Mr. Amrito Das, Addl A.G.

Hon'ble Shri Justice Goutam Bhaduri Order 24.09.2020

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner was posted at Range Khadgawan, Forest Division Koriya by order dated 02.03.2020 (Annexure P-2), however within 5 months she has again been transferred from Range Khadgawan, Forest Division Koriya to Range Bahrasi, Forest Division Manendragarh by order dated 31.08.2020 (Annexure P-1) which is 110 kms away. He further submits that the petitioner though has been transferred on the ground that she herself had made a request for transfer, however she has not made any request for transfer, therefore the transfer which is made is on wrong factual aspect.

3. Learned State counsel opposes the argument.

4. Perused Annexure P-2, which shows that the petitioner was transferred to Range Khadgawan, Forest Division Koriya by order dated 02.03.2020 by Principal Chief Conservator of Forest, Raipur, since it is been stated that the petitioner has not made any request for transfer and she has been transferred by the Chief Conservator of Forest, Surguja whereas the earlier order of transfer would show that she has been transferred by the Principal Chief Conservator of Forest, Raipur. Therefore, under the circumstances, the petitioner is given the liberty to make a representation within a period of 3 weeks from today to the Principal Chief Conservator of Forest, Raipur (Respondent No. 2). Thereafter, if such representation is filed, Respondent No. 2 is directed to decide the same within a further period of 60 days from the date of receipt of the representation.

5. In the meanwhile, till the factual aspects are made clear and the representation of the petitioner is decided, it is directed that the transfer order dated 31.08.2020 in respect of the petitioner shall not be given effect to.

6. With the aforesaid observation, the writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti