Ramdas Nagwanshi (Cherwa) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7074 OF 2019 Ramdas Nagwanshi (Cherwa) S/o Shri Hirai Aged About 48 Years Working On The Post Of Teacher (L.B.), At Higher Secondary School, Natwahi, Block Sonhat, District Koriya Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education- (L.B.), Ministry At Mahanadi Bhawan, New Raipur Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Joint Director (School Education Department), Surguja Division, Ambikapur, District Surguja Chhattisgarh.

3. Collector Baikunthpur District Koriya Chhattisgarh.

4. District Education Officer Baikunthpur, District Koriya Chhattisgarh.

5. Principal Higher Secondary School, Natwahi, Block Sonhat, District Koriya Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Jai Prakash Shukla, Advocate.

For Respondent-State :

Shri Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 22.08.2019 whereby the petitioner has been transferred from Govt. Middle School Natwahi to Balrampur.

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