High Court Of ChhattisgarhWPS/3986/2016disposed off

Tek Ram Sidar v. State Of Chhattisgarh

2017-03-24Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3986 of 2016 • Tek Ram Sidar S/o Late Shri Bimbadhar Sidar, Aged About 34 Years Presently Posted As Forester Gomerda Century, Forest Divison Raigarh, District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Forest Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Under Secretary, State Of Chhattisgarh Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh

3. Divisional Forest Officer, Division Raigarh District Raigarh Chhattisgarh

4. Sub Divisional Officer, (Forest) Gomarda Century, Sarangarh, District Raigarh Chhattisgarh

5. Jogendra Singh Thakur Forester, Working Plan, Forest Division Raigarh, District Raigarh Chhattisgah ---- Respondents For Petitioner:

Mr. R. Pradhan, Advocate For State :

Mr. Shashank Thakur, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 24.03 .2

1. The present Writ Petition has been filed challenging the order Annexure-P/1 dated 30.07.2016.

2. The Petitioner has been granted interim protection on 23.08.2016. The Petitioner is still continuing at the present place of posting.

3. Ground of challenge in the Petition is the transfer order from the present place of posting when even one year of service has not been rendered i.e. only 10 months service was completed. With

the efflux of time pending the Writ Petition the Petitioner has now stayed at the present place of posting for more than 11⁄2 years by virtue of the interim protection.

4. Since, the Petitioner has already remained at the present place of posting for about 11⁄2 years after the passing of the impugned transfer order this Court is of the opinion that ends of justice would meet if the present Writ Petition is disposed off with a direction that the impugned order dated 30.07.2016 so far as it affects the Petitioner shall not be acted upon and he shall be permitted to remain at the present place of posting with a liberty to the Respondents that in the event of any administrative exigency that arises, they may issue suitable fresh orders.

5. With the aforesaid observation the present Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) JUDGE kishore