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High Court Of ChhattisgarhWPS/4205/2017disposed off

Kamal Narayan Tiwari v. State Of Chhattisgarh

2017-08-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4205 of 2017 Kamal Narayan Tiwari S/o Late Shri Ramkishore Tiwari, Aged About 48 Years R/o New Forest Colony, Kumbharpara Jagdalpur Tehsil Jagdalpur, District Bastar, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Forest Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

2. Divisional Forest Officer Forest Division, Kanker, District Kanker, Chhattisgarh.

3. J. P. Pandey, Ranger Duldula Jashpur, District Jashpur, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Prateek Sharma, Advocate For State :

Mr. D.R. Minj, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/08/2017 Heard.

1. Learned counsel for the petitioner submits that though the petitioner has remained posted continuously in scheduled area for the last 28 years, by impugned order, he has again been transferred to another scheduled area. He submits that in such case, there is a policy of the State Government to consider posting outside the scheduled area under clause 2.1 of circular dated 03.06.2015.

2. It is found that the petitioner has approached this Court without preferring any representation in that regard. Therefore, I am not inclined to interfere with the transfer order. It will, however, be open for the petitioner to prefer representation before the competent authority to claim posting outside the scheduled area

according to the Government Policy within a period of ten days from today. If such representation is made, the competent authority shall take a decision on the representation within a period of four weeks from the date of receipt of the representation along with copy of this order. For a period of four weeks, no coercive steps shall be taken against the petitioner, provided nobody has joined at the place of the petitioner.

3. With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha