High Court Of ChhattisgarhWPS/5043/2019dismissed

Fatteram Sahu v. Sate Of Chhattisgarh

2019-07-10Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5043 of 2019 Fatteram Sahu S/o Sundarlal Sahu Aged About 44 Years Working As Secretary, Gram Panchayat Barpalikala Block Sakti District Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. The Chief Executive Officer Jila Panchayat Janjgir District Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. The Chier Executive Officer Janpad Panchayat Sakti, District Janjgir - Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Mithilesh Jaiwal S/o Radheshyam Aged About 43 Years Working As Secretary, Gram Panchayat Mohgaon, Block Sakti, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Mr. Chitranjay Singh Patel, Advocate For State :

Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 10/07/2019

1. The present writ petition has been filed challenging the impugned order Annexure (P-1) & Annexure (P-2) whereby the representation of the petitioner against the transfer order dated 05.03.2019 has been rejected and the petitioner vide order dated 29.06.2019 has been relieved to the transferred place.

2. The petitioner on an earlier occasion had filed the writ petition which was disposed off with a direction to decide his representation and till the representation is decided the petitioner has been granted interim

protection. After disposal of the writ petition, the representation of the petitioner now stands duly scrutinized and the same has been decided and same has been rejected. Subsequently, the petitioner has been ordered to be relieved to the transferred place vide order dated 29.06.2019.

3. On a query being put to counsel for the petitioner, he fairly concedes that the distance between the two place of posting is less than 20 Kms.

4. Given the aforesaid fact that distance between the two place of posting is just about 20 Km.,this Court is of the opinion that it is not a fit case where the order of transfer/posting needs to be scrutinized by this Court invoking the power of judicial review under Article 226 of Constitution of India. The writ petition thus fails and is accordingly rejected.

5. Rejection of the writ petition would not preclude the petitioner from approaching the authorities for suitable change of place of posting. Sd/- (P. Sam Koshy) Judge Rohit