Bhupendra Jain v. State Of Chhattisgarh

NAFR / AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7177 of 2017 Bhupendra Jain S/o Kewal Ram Jain Aged About 27 Years Posted As Radiographer , R/o D N K , D /33 Kondagaon District Kondagaon Chhattisgarh. ---- Petitioner

Versus

1.

State of Chhattisgarh Through The Secretary Health And Family Welfare Department Mahanadi Bhawan Mantralaya Raipur Chhattisgarh. 2.

The Director, Directorate of Health Services , Indravati Bhawan Third Floor New Raipur Chhatti 3.

The Collector, District Kondagaon Chhattisgarh. 4.

The Chief Medical And Health Officer , District Kondagaon Chhattisgarh. 5.

Smt. Nisha Masih, Posted As Radiographer , Community Health Center , Vishrampuri, Block Vishram, District - Kondagaon, Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. D.N. Prajapati, Advocate.

For Respondents No. 1 to 4 : Mr. Sudeep Agrawal, Deputy Advocate General. Hon'ble Shri Arup Kumar Goswami, Chief Justice Order on Board 17.12.2021 Heard Mr. D.N. Prajapati, learned counsel for the petitioner. Also heard Mr. Sudeep Agrawal, learned Deputy Advocate General appearing for respondents No. 1 to 4 and Ms. Isha Jajodiya, learned counsel appearing for respondent No.5.

2.

By this writ petition, the petitioner had challenged the transfer order dated 01.12.2017.

3.

It is submitted by Mr. Prajapati that in view of the order dated

19.12.2017, whereby, this Court had directed that no coercive step shall be taken against the petitioner, he is continuing in the same post. 4.

Four years have gone by and as such, the order of transfer has spent its force.

5.

Accordingly, the writ petition is disposed of, providing that the respondents shall not insist implementation of the said order of transfer dated 01.12.2017. However, liberty is reserved to the State respondents to pass such order, as may be called for, in the interest of public service and administrative exigency.

6.

This writ petition is disposed of in terms of the above directions and observations.

Sd/- (Arup Kumar Goswami) Chief Justice Hem