Vishnu Meshram (V.K. Meshram) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 166 of 2019 Vishnu Meshram (V.K. Meshram) S/o Late Bhukau Ram Mehsaram Aged About 59 Years Presently Posted As Sub Divisional Officer Ghumariya Bairaj Sub Division Dongargarh District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Water Resources Department, New Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. State Of Chhattisgarh Through The Under Secretary, Water Resources Department, New Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Engineer In Chief Water Resources Department, Shivnath Bhawan, New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. Shri Lalit Kori S/o Late C. L. Kori Aged About 60 Years (Date Of Birth 01.04.1960), Occupation- (S.D.O.) Sub Divisional Officer In Water Resources Department, R/o Minakshi Nagar, Police Station Padmanbhpur, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abhishek Sinha, Advocate.

For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/09/2019

1. The present review petition has been filed seeking review of the order dated 20.08.2019 passed in WPS No. 6281/2019. While disposing of the writ petition this Court on 20.08.2019 had permitted the petitioner to make a representation within a period of 10 days and the respondent/State was directed to decide the said representation within a further period of 45 days, meanwhile the order of transfer dated 09.08.2019 so far as the petitioner is concerned was stayed.

2. The present applicant has filed the review petition on the ground that the present applicant also was transferred vide the same order dated 09.08.2019 and he had been sent at the place, where the respondent No.4 (the original

petitioner) was posted. According to the applicant, he stood relieved on 13th of August and he joined the transferred place on 14th of August and till 14th August i.e. the date on which the present applicant took charge at Dongargaon, there was no interim order passed by any Court much less this Court and the impugned order has been passed only on 20.08.2019.

3. The further contention of the applicant is that he has not been made a party in the said writ petition, which was necessary since the present applicant was the person, who was replacing the original petitioner (the respondent No.4 in the present review petition).

4. All said and done, this Court had only disposed of the writ petition directing the original petitioner i.e. the respondent No.4 in the review petition to prefer a representation within a period of 10 days and the impugned order, so far as the said writ petitioner is concerned, was to be kept in abeyance. That does not mean that the order passed so far as the applicant herein also got stayed as a consequence.

5. The interim order granted by this Court would not come in the way of the present applicant in discharging his duties provided he has assumed his duties/charge on the 14th of August, 2019 as claimed by the present applicant. The respondent/State however is expected to consider the case of the applicant herein and if required he be also given a hearing while deciding the representation of the respondent No.4 (the original petitioner).

6. With the aforesaid observations, the present review petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved