Shyam Lal Vastrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3482 of 2015 • Shyam Lal Vastrakar S/o Parmeshwar Prasad Vastrakar, Aged About 32 Years R/o Village Naraibodh, Post Gevra Basti, Tahsil Katghora, District Korba Chhattisgarh At Presently Posted As Food Inspector, At Manendragarh, District Koria Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Departmnet of Food, Mahandi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Director, Food, Civil Supply And Consumer Protection Department, Raipur Chhattisgarh

3. Collector, ( Food Department ), Koria ( Baikunthpur), District Koria Chhattisgarh

4. Sub Divisional Officer ( Revenue ), Manendragarh, District Koria Chhattisgarh ---- Respondents For Petitioner :

Ms. Nirupama Bajpai, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/09/2015

1. Petitioner, who is working as Food Inspector, has preferred this writ petition challenging the order dated 7-9-2015, whereby he has been posted from Block Khadgawan to Block Bharatpur.

2. Learned counsel for the petitioner would submit that in the garb of posting orders the petitioner is frequently shifted to different places, and on each

occasion, the petitioner has been sent to a different far away place.

3. Learned State counsel would submit that the impugned order is not a transfer order, but it is a posting order, therefore, it is based on administrative exigency and no interference is called for.

4. Considering the fact that even if the impugned order is posting order, it has the effect of shifting the petitioner from one place to another on three occasions within a period of three months, the writ petition is disposed of with a direction that in the event, the petitioner prefers a representation before the Collector, district Koria, within a period of 15 days from today, the said authority shall consider and decide petitioner's representation at the earliest, preferably within a period of six weeks from the date of submission of representation.

5. For the period of eight weeks from today, the effect and operation of the impugned order shall remain stayed.

6. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case Sd/- Judge Prashant Kumar Mishra ashu