Shankar Prasad Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.5398 OF 2019 Shankar Prasad Yadav S/o Late Jhumuk Lal Yadav Aged About 50 Years R/o Steno, Office of Superintendent of Police, Narayanpur, DistrictNarayanpur, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through the Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh.

2. The Director General of Police Raipur, District- Raipur, Chhattisgarh.

3. The Superintendent of Police Narayanpur, District- Narayanpur, Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Arvind Dubey, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24.07.2019 1.

Challenge in this petition is to the impugned order dated 10.06.2019 (Annexure P/1) passed by the respondent No.2 cancelling the earlier order of transfer dated 04.06.2019.

2.

The contention of the petitioner is that, he was working on the post of Stenographer and was posted at Narayanpur since 2010 onwards. According to the petitioner, he met with a road accident in the year, 2008 and had grievous injuries with multiple fractures all over his body and is constantly undergoing treatment. He had made a request for transferring him to a nearby place to Raipur or Durg to the respondent No.2 and the respondent No.2 vide order dated 04.06.2019 had transferred him at his own request from Narayanpur to Durg. However, before the petitioner could be relieved from Narayanpur, the impugned order dated 10.06.2019 has been passed cancelling the whole order of transfer dated 04.06.2019. 3.

Given the said facts, the order of transfer dated 04.06.2019 so far as petitioner is concerned, being made at his own request and moreover the

request being on medical grounds, this court is of the opinion that ends of justice would meet if the writ petition is disposed of directing the respondent No.2 to consider the case of the petitioner sympathetically so far as his transfer from Narayanpur to Durg is concerned, as was made vide order dated 04.06.2019.

4.

It is expected that the respondent No.2 shall take an early decision on the claim of the petitioner preferably within a period of 45 days from the date of receipt of copy of this order.

5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder