P. S. Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6954 OF 2019 P. S. Kashyap S/o- Shri Hiraman Kashyap Aged About 55 Years Occupation Service, Posted As Lecturer At Government Higher Secondary School Odekara, Block Jaijaipur, District Janjgir-Champa, R/o - Village Gudrukala, Post Kaitha (Birra) District Janjgir-Champa Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Principal Secretary School Education Department, Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

2. The District Education Officer, Janjgir, District Janjgir-Champa Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Abhishek Pandey, Advocate.

For Respondent-State :

Shri Ayaz Naved, Govt. Advocate.

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

1. The challenge in the present writ petition is to the order of transfer dated 21.08.2019 passed by the respondents transferring the petitioner from Odekara, Block Jaijaipur to Arjuni, Block Akaltara.

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