High Court Of ChhattisgarhWPS/7151/2019disposed off

Sajid Memon v. State Of Chhattisgarh

2019-09-11Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7151 of 2019 Sajid Memon S/o - Late Shri Ismail Memon, Aged About 47 Years, Posted Joint Project Coordinator, Poshan Abhiyaan, SPMU (State Project Management Unit) Raipur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Women And Child Development Department, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. State Project Director, POSHAN Abhiyaan, SPMU (State Project Management Unit), Indrawati Bhawan, New Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Anup Majumdar , Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 11.09.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 21.08.2019 whereby the petitioner has been shown to have been transferred from Raipur to Bemetara.

2. The contention of the petitioner is that the petitioner had been sent on deputation vide order dated 24.02.2014 from Women and Child Development Department to State Project Management Unit, Raipur.

According to the petitioner, he was sent on deputation on the post of Joint Project Coordinator and that he was not a Project Officer in the Tribal Department after being sent on deputation. The petitioner referred to Annexure P-6 which is an order dated 02.01.2019 whereby the deputation of the petitioner has been extended until further orders. The petitioner further contends that he has not been repatriated to his original department neither is there an order of cancellation of the deputation posting of the petitioner. Under the circumstances, according to the petitioner, the impugned order does not seem to be on administrative exigency.

3. Given the said facts, let the petitioner make a detailed representation to respondent no.1 bringing all these facts within 10 days from today and the respondent no.1 in turn may consider the same and pass a fresh order within a period of 45 days from the date of receipt of the representation.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai