Beeru Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 460 of 2017 Beeru Kumar S/o Shri K. L. Pahet, Aged About 27 Years Presently Working As Constable At Police Station Basantpur, Post, Thana & District Rajnandgaon, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, Home Department, Mahanadi Bhawan, New Raipur (Chhattisgarh)

2. Director General Of Police, Chhattisgarh, Police Head Quarter, Raipur, (Chhattisgarh)

3. The Superintendent Of Police, Rajnandgaon, District Rajnandgaon, (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate.

For State :

Mr. R.K.Gupta, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/01/2017 Heard on admission.

1.

The petitioner has filed this petition on the grievance that despite order dated 24.09.2016 passed by the Director General of Police, the Superintendent of Police, Rajnandgaon is not relieving the petitioner to join at the transferred place.

2.

The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, 2015(4) C.G.L.J.182, wherein relying upon several judgment of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled by the State Government itself.

3.

In view of the aforesaid order, unless the Transferring Authority, itself, has kept in abeyance the transfer order or has

modified or cancelled, the other authority subordinate to him are under an obligation to comply with the transfer order. Therefore, this petition is disposed off with the direction that the petitioner shall be relieved forthwith by the controlling authority subject to the observation made above.

4.

The petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha