H.L. Aneshwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6697 OF 2019

1. H.L. Aneshwari S/o Late Kunjal Lal Aneshwari Aged About 57 Years Occupation Service, Presently Working As Agriculture Development Officer, Posted In The Office Of Assistant Soil Conservation (Agriculture), Rajnandgaon R/o Baidnath Nagar, Basantpur, Rajnandgaon Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Agriculture Development And Biotechnology Department, Mantralaya, Mahanandi Bhawan,atal Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Director Agriculture, Indrawati Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh.

3. O. P. Meshram Agriculture Development Officer, Posted In The Office Of Assistant Soil Conservation (Agriculture), Kabirdham, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Malay Shrivastava, Advocate.

For Respondent-State :

Shri Anshuman Shrivastava, PL 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 of transfer dated 22.08.2019 transferring the petitioner from Rajnandgaon to Bilaspur.

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 infact 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 inder