Jay Kumar Rathore, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4454 OF 2020 • Jay Kumar Rathore, S/o Late Shri Ramnarayan Rathore, Aged About 62 Years Working As Sub Inspector And Posted At Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh.

... Petitioner versus 1.

State Of Chhattisgarh Through Secretary Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2.

Director General Of Police, Head Quarter Naya Raipur, District Raipur(CG) 3.

Inspector General Of Police, Bilaspur, District Bilaspur Chhattisgarh. 4.

Superintendent Of Police, Mungeli, District Mungeli Chhattisgarh. ... Respondents For Petitioner :

Mr. Mirza Hafeez Baig, Advocate.

For Respondent-State :

Mr. Mateen Siddiqui, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board /11/2020 1.

The limited grievance that the Petitioner has raised in the present Writ Petition is for an appropriate direction to Respondents to consider his case for being transferred to his home district keeping in view the few months left for his retirement.

2.

Transfer Policy of the State Government presently in vogue also has the Clause in this regard.

3.

Given the said fact, this Court does not intend to keep the present Writ Petition pending, rather, ends of justice would meet if the Writ Petition is disposed of directing the Respondents to consider and decide the representation of the Petitioner, within a period of 60 days, for being posted to his home district in the light of the Transfer Policy of the State Government and also taking note of the limited tenure of service that is left for the Petitioner for his superannuation. 4.

While deciding the claim of the Petitioner, the Transfer Policy alone may not be borne in mind by the authorities. The representation of the Petitioner may be considered on any other grounds including sympathetic grounds. 5.

Considering the fact that the claim of the Petitioner has to be decided by Respondent No.2, the Respondent No.2 is directed to take a decision within the period stipulated by this Court as provided in paragraph 3 of this order.

6.

Petitioner is also at liberty to file a fresh representation before Respondent No.2 in respect of his grievances. The authorities may consider the same also while deciding his grievances.

7.

Writ Petition accordingly stands disposed of with the aforesaid directions/observations.

Sd/- (P. Sam Koshy) /sharad/ JUDGE