Dr. T.S.Sonwani v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4798 of 2017 • Dr. T.S. Sonwani S/o Shri N. R. Sonwani, Aged About 52 Years Working As An Assistant Professor ( Sociology ) And In Charge Principal And The Drawing Disbursal, Officer ( Also District Organizer, N. S. S. District Gariyaband ) Posted At Government Veer Surendra Sai Post Gradute Lead College, Gariyaband, District Gariyaband Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Higher Education, Govt Of Chhattisgarh, Mahanadi Bhawan, P. O. Rakhi, Naya Raipur, District Raipur (Chhattisgarh )
2. The Commissioner, Higher Education Department, Indravati Bhawan, Naya Raipur, District Raipur (Chhattisgarh ) ---- Respondents For Petitioners :
Shri MPS Bhatia, Advocate For Respondent/State :
Shri A. S. Kachhawaha, Additional AG Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/09/2017 Heard.
2.
The transfer order is under challenge on the ground that the petitioner was earlier posted and served in a scheduled area for long time, now he has again been transferred to a scheduled area. The petitioner is presently holding the post of District Organizer under National Service Scheme, District Gariyaband and in such a case, normally, the Officers ought not to transfer to a station, where there is no activity of National Service Scheme. 3.
Both the grounds do not relate to jurisdictional illegality, therefore, this Court is not inclined to interfere with the impugned transfer order. However, the
petitioner would be at liberty to raise all these grounds before the respondent authority by way of representation.
4.
It is observed that the aforesaid two grounds would require consideration by the respondent authority, before whom, the petitioner has already preferred representation. It is directed that the representation shall be considered and decided within a period of four weeks from the date of receipt of a copy of this order.
5.
With the aforesaid observation, this petition is disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane