Suryakant Sarkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3991 of 2020 • Suryakant Sarkar S/o Late Shri Nimadhav Sarkar Aged About 48 Years Occupation Panchayat Secretary Of Village Panchayat Kurenar Block Koyailibeda, Janpad Panchayat Koyailibeda , Tahsil Pakhanjoor District Uttar Bastar Kanker Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development , Mantralaya Mahanadi Bhawan, Nawa Raipur , District Raipur Chhattisgarh.,

2. The Collector District Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Chief Executive Officer Zila Panchayat Uttar Bastar Kanker , District Uttar Bastar Kanker Chhattisgarh.,

4. Chief Executive Officer Janpad Panchayat Koilibeda District Uttar Bastar Kanker Chhattisgarh.,

5. Shri Swapan Mreedha Occupation Panchayat Secretary At Village Panchayat Hanker Janpad Panchayat Koilibeda District Uttar Bastar Kanker Chhattisgarh., ---- Respondents For Petitioner :

Mr. Jitendra Nath Nande, Advocate For State :

Mrs. Sunia Jain,Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order 8-10-2020

1. Heard.

2. Learned counsel for the petitioner submits that the challenge in this writ petition is to the transfer of the petitioner who is a Panchayat Secretary from Gram Panchayat Kurenar to Gram Panchayat Hanker by order dated 18-8-2020 (Anenxure P/1). He would further submit that on an earlier occasion, the petitioner was transferred by order dated 12-12-2019 to take charge at Gram Panchayat Vishnupur and thereafter subsequently on 11-5-2020 the petitioner was again transferred to Gram Panchayat Shankarnagar. Under these circumstances, within a short time the petitioner was subjected to frequent attachment by way of transfer. Learned counsel further submits that the petitioner may be given liberty to make a representation before the respondent No.3 Chief Executive Officer, Zila Panchayat, District Uttar Bastar, Kanker, who issued the transfer order dated 18-8-2020 (Annexure P/1) and the said representation may be directed to be considered and decided within stipulated time.

3. Considering the limited prayer made that only the petitioner may be given liberty to make a representation and without making any observation on the merits of the case, it is directed that the petitioner shall be at liberty to make a representation before the respondent No.3 - Chief Executive Officer, Zila Panchayat, Kanker within a period of three weeks from today against the transfer ventilating all the grievances and if such representation is filed, the respondent No.3 in turn shall decide

the same within a period of 30 days from the date of receipt of the representation. Till the representation of the petitioner is decided, the transfer order dated 18-8-2020 in respect of the petitioner shall not be given effect to.

4. With the aforesaid observation, the writ petition stands disposed of.

Sd/- (Goutam Bhaduri) Judge Raju