High Court Of ChhattisgarhWPS/2509/2016disposed off

Ramkumar Prasad Gupta v. State Of Chhattisgarh

2016-12-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2509 of 2016 Ramkumar Prasad Gupta S/o Shri Sadhu Sao Gupta, aged about 57 years, R/o Seetapur, Police Station & Post - Seetapur, Civil And Revenue, District - Surguja (CG).

---- Petitioner

Versus

1. State of Chhattisgarh, through : Secretary, Veterinary Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District - Raipur (CG).

2. Director, Veterinary Services, New Raipur, District - Raipur, Chhattisgarh.

3. Deputy Director, Veterinary Services, Balrampur, District - Balrampur - Ramanujganj (CG)

4. Deputy Director, Veterinary Services, Ambikapur, District Ambikapur, Surguja (CG)

5. A.T.Khan, Assistant Veterinary Field Officer, Veterinary Dispensary Mangari, Block Batuali, District Surguja (CG)

6. Mazhar Husain Khan, S/o Jasimmuddin Ansari, aged about 60 years R/o. Veterinary Dispensary Block Manpat, Police Station & Post Seetapur, Civil and Revenue District - Surguja (CG) ---- Respondents For Petitioner :

Shri Manoj Paranjpe, Advocate.

For Respondent / State :

Shri B.Gopakumar, Dy.A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/12/2016 The transfer order is under challenge on the ground that though respondent no.5 has been transferred in place of the petitioner, the petitioner has not been transferred anywhere.

Interim order was passed by this Court in favour of the petitioner and notices were issued to respondents.

State has filed its return but there is no material on record to show that while transferring respondent No.5 in place of the petitioner, the petitioner was also transferred to some other place. Therefore, the impugned order shall not be given effect to as against the petitioner and he shall be allowed to continue at the present place.

It would be open for the respondent authorities to post respondent No.5 at any other place. Moreover, this order should not be treated as protection to the petitioner against transfer for all times to come. The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti