Prakash Babu Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4902 of 2020 Prakash Babu Tiwari S/o Late Shri Ramkumar Tiwari, Aged About 51 Years Assistant Grade - I, Municipal Corporation, Chirmiri, R/o Nagar Nigam Colony, Qtr. No. - 8, Malviya Nagar, Chirmiri, District - Koriya Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, District - Raipur Chhattisgarh

2. The Deputy Secretary, Department Of Urban Administration And Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh

3. The Director, Department Of Urban Administration And Development Department, Directorate, Indrawati Bhawan, Nawa Raipur, District - Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For State :

Mr. Rahul Jha, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 26/11/2020

1. The challenge in the present writ petition is to the order Annexure P-1 dated 29.10.2020. Vide the impugned order the services of the petitioner has been transferred from Municipal Council, Chirimiri to the Municipal Council, Jagdalpur.

2. According to the petitioner the present is a transfer within a short span of time. Earlier order of transfer was on 31.08.2019 when petitioner was transferred from Municipal Council Kharora to the present place of posting.

Further contention of the petitioner is that there is a total ban on transfer during this period, on this ground also the transfer order should not had been issued. He further submits that even otherwise the impugned order of transfer has not been rooted through the Co-ordination Committee which is also the requirement under the transfer Policy published by the State Government.

3. Given the facts and circumstances of the case, let petitioner make a detailed representation to the respondent No.1 within a period of 15 days from the date of receipt of copy of this order. Respondents in turn shall consider and take a decision on the representation of the petitioner within a period of four weeks'. Meanwhile, purely as on interim measure till the representation of the petitioner is decided by the respondents, there shall be a stay of the effect and operation of the impugned order so far as petitioner is concerned.

4. With the aforesaid observation, the petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit