Yogesh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.5987 OF 2019 Yogesh Kumar S/o Shri Parash Nath Aged About 45 Years OccupationAssistant Grade-Iii, Govt. Boys Higher Secondary School, Bagicha, R/o - Village- Baghicha, Tahsil - Baghicha, District - Jashpur Nagar Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department of General Administration, Mantralay Bhawan, Naya Raipur Chhattisgarh.

2. Collector Jashpur Nagar, District - Jashpur Nagar Chhattisgarh.

3. Principal Govt. Boys Higher Secondary School, Baghicha, District - Jashpur Nagar Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Amit Sharma, Advocate.

For Respondent-State :

Shri Anshuman Shrivastava, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 13.08.2019

1. Challenge in the present Writ Petition is to the order of transfer dated 12.07.2019 whereby the petitioner has been transferred from Govt. Boys Higher Secondary School, Bagicha to Govt. Higher Secondary School, Surangpani, Block Bagicha.

2. The solitary ground that the petitioner has raised is that, there is no such village namely Surangpani at Block Bagicha and therefore, the order of transfer is bad in law. The contention of the petitioner is that Sarangpani is a village which is situated outside district Jashpur and is located under district Raigarh and therefore also the impugned order is bad in law. Further, the respondent No.2 could not have transferred the petitioner from one Janpad Panchayat to another Janpad Panchayat.

3. Given the said facts, let the petitioner make a detailed representation in this regard to the respondent No.2 within a period of 7 day from today and the respondent No.2, in turn, shall verify the contentions and objections that the petitioner has raised and pass an appropriate order at the earliest preferably within a further period of 30 days. Till the representation of the petitioner is decided, the effect and operation of the order dated 12.07.2019 shall remain stayed so far as petitioner is concerned.

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