Ravikant Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4130 of 2016 • Ravikant Sahu S/o Late Shri Kalyan Singh Sahu, Aged About 26 Years Occupation- Service, Presently Posted As Pastwari Halka No.7 Ranbod, Thana & Tahsil- Nawagard, Civil & Revenue District-Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mantralaya Mahanadi Bhawan Capital Complex Naya Raipur, District- Raipur, Chhattisgarh

2. Collector, Bemetara District- Bemetara, Chhattisgarh ---- Respondent For Petitioner Mr. Samir Singh, Advocate For Respondent /State Mr. Mr. SP. Kale,Dy.AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/3/2017 1.

The petitioner has challenged the impugned transfer order dated 21.07.2016 (Annexure P-1), whereby, he has been transferred from Tehsil Office, Nawagarh, District Bemetara to Tehsil Office, Saja, District Bemetara on administrative ground. On 29.8.2016, this Court directed that the petitioner shall not be compelled to proceed on transfer, if no one has joined at the place of the petitioner and since thereafter, the petitioner is enjoying the interim relief.

3.

Learned State counsel would submit that since the petitioner is enjoying interim relief for about last 7 months, the respondent may be permitted to pass fresh transfer order, if any administrative exigency arises.

4.

In view of the above, it is directed that respondents shall not insist upon the implementation of impugned transfer order, however, they would be at liberty to pass fresh order in accordance with law on the basis of obtaining administrative exigency.

5.

In view of the aforesaid observation, the writ petition is disposed of.

Sd/- Judge (Prashant Kumar Mishra) Gowri