High Court Of ChhattisgarhWPS/5206/2020disposed off

Smt. Bela Ahirvar v. State Of Chhattisgarh

2020-12-10Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5206 of 2020

1. Smt. Bela Ahirvar W/o Shri Indrapal Ahirvar Aged About 34 Years Forest Guard, R/o Block-03, Forest Quarter, Sonhat, District Koriya (Chhattisgarh).

---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Conservator of Forest Sarguja Forest Circle, Ambikapur, District Sarguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh

3. Divisional Forest Officer Baikunthpur Division, District Koriya (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh

4. Divisional Forest Officer Manendragarh Division, District Koriya (Chhattisgarh).

---Respondents For Petitioner :

Smt. Meena Shashtri, Advocate.

For State :

Shri Rahul Jha, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10.12.2020

1. Challenge in the present writ petition is to the order of transfer dated 26.11.2020. By the impugned order the petitioner has been transferred from Sonhat under forest division Baikunthpur, District Koria to Forest Division, Manendragarh, Range Janakpur, District Koria.

2. The reason to challenge the impugned order is the fact that the order of transfer reflects that it has been made at own request of the petitioner. It is categorically stated by the petitioner that the petitioner has never approached the respondents in any manner seeking transfer particular to that place and yet the respondents have transferred the petitioner showing it to have been made at her own request.

3. Further contention of the petitioner is that the order of transfer also amounts to a frequent transfer as at the present place of posting at Sonhat

-2the petitioner was posted only on 22.03.2019 i.e. just about 1 and 1⁄2 years time.

4. Given the aforesaid facts and circumstances of the case, let the petitioner file a detailed representation to the respondent No.2 within a period of two weeks from today and the respondent No.2, in turn, shall consider and decide the same on its own merits at the earliest. Till the respondent No.2 takes a decision on the representation of the petitioner, there shall be a stay of the effect and operation of the impugned order of transfer dated 26.11.2020.

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