Bhaskar Prasad Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6731 of 2019 Bhaskar Prasad Tiwari S/o Braj Kishor Tiwari Aged About 57 Years Presently Posted Assistance Grade Ii In Office Of Deputy Director Agriculture, Baikunthpur, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Agricultural Department Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Collector Korea, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

3. Deputy Director Agriculture Korea, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

4. Sub Divisional Officer Agriculture Sub Division Manendragarh, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ----Respondents For Petitioner :

Mr. Hemant Kesharwani, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02/09/2019

1. The challenge in the present Writ Petition is to the order Annexure P/1 dated 21.08.2019 whereby the services of the petitioner has been transferred from the office of Deputy Director Agriculture Baikunthpur, District Korea to the office of Deputy Director, Agriculture, District Balrampur.

2. The challenge in the transfer order is on the ground that the impugned order reflects transfer of the petitioner to have been made at the request of the petitioner.

3. According to counsel for the petitioner, the petitioner has never moved any application nor has requested any order of transfer, yet

the authorities have shown the order of transfer to have been on its own cost.

4. Given the limited grievance that the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of the facts whether the petitioner has made a request for transfer, the impugned order so far as the petitioner is concerned, shall not be given effect to. However, in case on verification if it is found that the petitioner has in fact made a request, then the impugned order would not stand interfered and the respondents would be at liberty to relieve the petitioner from the present place of posting. Meanwhile, till the verification is done, the effect and operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

5. The present Writ Petition, accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Ved