Mohan Lal Sahni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3946 of 2020 • Mohan Lal Sahni S/o Late Somaru Ram Sahni, Aged About 45 Years Presently Working As Vanpal (Forestor), Incharge Ranger At Dahakwada Range, Koleng, Bastar Forest Division, Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Chief Conservator Of Forest, Atal Nagar, Nava Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Conservator Of Forest, Jagdalpur, District Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

4. Divisional Forest Officer, Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

5. Ranger, Koleng, Bastar Forest Division, Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh

6. Santosh Kumar Kachhi, Forestor, Kandiyapal Range, Bastar Forest Division Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. C.J.K. Rao, Advocate For State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order

7-10-2020

1. Heard.

2. Learned counsel for the petitioner submits that one Mahesh Ram Sahni was transferred by order dated 31-7-2020 from Dahakwada Range, Koleng, Bastar Forest Division, Bastar to Kodiyapal Range at Bastar Forest. The name of the petitioner is Mohanlal Sahni. He would further submit that thereafter the petitioner received the transfer order dated 31-7-2020 by communication dated 26-8-2020 to joint at Kodiyapal. He would further submit that the said transfer order was issued in the name of Mahesh Ram Sahni, therefore, the petitioner has made a representation to the Conservator of Forest, Jagdalpur by Annexure P/3 on 9-9-2020. It is further stated that the petitioner has not been transferred but one Mahesh Ram Sahni was transferred and even other otherwise, the transfer would be against the transfer policy of the State Government and without approval of coordination committee and further transfer has been made during ban period, therefore, the respondent No.3 Conservator of Forest, Jagdalpur, District Bastar may be directed to decide his representation dated 9-92020 (Annexure P/3).

3. Learned State counsel does not have any objection to decide the representation of the petitioner.

4. Perusal of Annexure P/1) would show that the person who has been transferred from Dahakwada Range, Koleng, Bastar

Forest Division, Bastar to Kodiyapal Range at Bastar Forest, is Mahesh Ram Sahni, whereas the name of the present petitioner is Mohanlal Sahni, therefore, in order to remove all the ambiguities, it is directed that the respondent No.3 - Conservator of Forest, Jagdalpur, District Bastar before whom the representation dated 9-9-2020 of the petitioner (Anenxure P/3) is pending, shall decide the same within a period of 45 days from the date of receipt of a copy of this order. Till then, status quo as exits today with respect to the posting of the petitioner shall remain stayed.

5. With the aforesaid observation/direction, the writ petition stands disposed of.

Sd/- (Goutam Bhaduri) Judge Raju