Varun Rai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4137 of 2016 Varun Rai S/o Late Hari Krishna Rai, Aged About 30 Years Working Assistant Grade 3, Forest Range Gourela, Pendraroad District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Thorugh Its Secretary, Department Of Forest Mahandi Bhawan, Naya Raipur Chhattisgarh

2. Chief Conservator Of Forest, Bilaspur Circle, Bilaspur Chhattisgarh

3. Vanmadladhikari, Marwahi, Vanmandal, Pandraroad, District Bilaspur Chhattisarh

4. Shri Parmeshwar Gurjer, Forest Office Mandlaadhikari, Katghora, Korba Chhattisgarh ---- Respondents Shri Neeraj Choubey, counsel for the petitioner/s. Shri D.R.Minj, Dy.G.A. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/01/2017 This petition has been filed by the petitioner challenging the transfer order on three grounds.

a) That on account of transfer of an employee from one division to other, his seniority is going to be affected in view of circular dated 31/07/2014. b) That the transfer order is antedated, which was not passed by the Secretary on 30/07/2016 but subsequent thereto. c) That the petitioner has been subjected to frequent transfer.

2.

Taking into consideration the seriousness of allegations with regard to antedating, in view of statement in the writ petition, this Court had directed the respondents to produce original records and note sheets, which led to issuance of impugned order of transfer.

3.

After having perused the original records, it is found that approval for transfer was already taken, submitted before the concerned authorities by the Secretary and it was approved and signed by the Secretary of the department and finally it was placed before the concerned Minister who also noted in the note sheet for issuance of the order under his signature. 4.

The petitioner, to seek indulgence of this Court, has gone to the extent that he made wild allegations against the respondent authorities without any basis. The petitioner has abused and misused the judicial proceedings in order to get relief from the Court. Therefore, only on this ground, this petition is liable to be dismissed and is accordingly dismissed with a cost of Rs.5,000/-. Sd/- (Manindra Mohan Shrivastava) Judge Deepti