Chhatrapal Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4397 of 2016 • Chhatrapal Chandrakar S/o Shatrughan Lal Chandrakar, Aged About 55 Years R/o Somani, Rajnandgaon, District Rajnandgaon, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, Revenue Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, (Chhattisgarh)

2. Under Secretary, State Of Chhattisgarh, Revenue Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, (Chhattisgarh)

3. Collector, Rajnandgaon, District Rajnandgaon, (Chhattisgarh) ---- Respondents For Petitioner :

Shri T. K. Tiwari, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 02/09/2016 Heard.

2.

The transfer order is under challenge on the ground that though the petitioner has remained posted in the scheduled area for about 10 years, whereafter he was posted at Rajnandgaon. After completion of 2 1⁄2 year at Rajnandgaon, the petitioner has been transferred to Mohla, which is scheduled area. 3.

The petitioner has sought to invoke jurisdiction of this Court on the alleged violation of policy dated 03-06-2015.

4.

In that policy, it has nowhere been written that an officer, who is posted in the scheduled area and thereafter, transferred to any non-scheduled area, in that situation, that officer cannot be sent back to scheduled area. The petitioner has already continued at the present place of posting for 2 & 1⁄2 years and now, he is being shifted

to Mohla, which is in the same district and not far away from the present place of posting. Hence, I am not inclined to interfere with the impugned transfer order. 5.

In the result, the petition is dismissed. However, if the petitioner has any personal difficulty, he would be at liberty to prefer representation before the transferring authority.

Sd/- (Manindra Mohan Shrivastava) Judge Tumane