M.R.Sahare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4843 of 2017 M.R.Sahare S/o Late Shri B.R. Sahare Aged About 57 Years Presently Posted As District Public Relation Officer At District Public Relation Office At Kanker Chhattisgarh. , Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Relation Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., Chhattisgarh

2. The Additional Secretary, Government Of Chhattisgarh, Public Relation Development Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents Shri Goutam Khetrapal, counsel for the petitioner/s. Shri Prasoon Bhaduri, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2018 As last opportunity was granted to the State, reply has not been filed. The transfer order is under challenge on the ground that the petitioner, who substantively holds the post of Deputy Director and presently posted as District Public Relation Officer has been transferred by impugned order to Dantewada, whereas there is neither any post of Deputy Director nor any post of District Public Relation Officer lying vacant to accommodate the petitioner. These allegations of the petitioner could not be refuted by the respondents by filing reply.

Accordingly, the petitioner's transfer order dated 14/08/2017 is set aside and the petitioner shall continue to work at the present place of posting. It goes without saying that it would always be open for the State to exercise power in public interest to transfer the petitioner to any place where there is vacancy. Sd/- (Manindra Mohan Shrivastava) Judge Deepti