Krishna Prasad Haldar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6881 OF 2019

1. Krishna Prasad Haldar S/o Late Sakhanath Haldar Aged About 60 Years Radhakrishna Nagar, Post Maharajganj, Police Station Balrampur, District Balrampur-Ramanujganj Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Under Secretary, School Education Department, Mantralaya, Mahanandi Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh.

2. The District Education Officer District Balrampur-Ramanujganj Chhattisgarh.

3. The Block Education Officer Balrampur, District Balrampur-Ramanujganj Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Rahul Mishra, Advocate.

For State :

Shri Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.09.2019

1. Challenge in the present Writ Petition is to the order dated 22.08.2019 whereby the petitioner has been transferred from Balrampur to Wadrafnagar.

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 that 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