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High Court Of ChhattisgarhWPS/5360/2019disposed off

Smt. Radma Sethiya v. State Of Chhattisgarh

2019-07-23Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5360 of 2019

1. Smt. Radma Sethiya, W/o Shri Ashok Kumar Sethiya, Aged About 45, Years Presently Working As Rural Health Organizer At Sub - Health Center Bamhani, Block - Jagdalpur District - Baster At Jagdalpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Nawa Raipur Chhattisgarh

2. The Collector, Baster, District - Baster At Jagdalpur Chhattisgarh

3. Chief Medical And Health Officer, Baster, District - Baster At Jagdalpur Chhattisgarh ---Respondents For Petitioner :

Mr. Somkant Verma, Advocate.

For State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 23.07.2019

1. The challenge in the present Writ Petition is to the order of transfer dated 12.07.2019 passed by the Respondent No. 02 transferring the petitioner from Sub Health Center, Bamhani, Block-Jagdalpur to Sub Health Center, Bastanar, District: Baster.

2. The challenge in the transfer order is on the ground that, the impugned order reflects transfer of the petitioner to have been made at the request of the petitioner.

-23.

According to the petitioner, he has never moved an application nor has he requested any order of transfer, yet the authorities have shown the order of transfer to have been on its own cost. 4.

Given the limited grievance that, the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of the fact that whether the petitioner has made a request for transferring the impugned order, so far as the petitioner is concerned, shall not be given effect to. However, in case on verification it is found that the petitioner has infact made a request then the impugned order would not stand interfered and the respondents would be at liberty to relieve the petitioner from the present place of posting. Meanwhile, till the verification is done, the effect and operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

5.

The present Writ Petition, accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Jyoti/Rahul