High Court Of ChhattisgarhWPS/7205/2019disposed off

Ramniwas Sharma v. State Of Chhattisgarh

2019-09-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) No. 7205 of 2019 Ramniwas Sharma S/o Late Shri Mathura Prasad Sharma, Aged About 59 Years, Working As Forest Range Officer, Forest Range Office Keshkal, Tahsil Keshkal, District Kondagaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. Shri K. D. Ghriteshuv (Ranger) Working As Forest Range Officer, District Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner :

Mr. Shantam Awasthi, Advocate.

For State :

Ms. Ishwari Ghritlahare, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 23.08.2019 whereby respondent No.2 is being transferred to the place where the petitioner is presently posted.

2. The contention of the petitioner is that the place where respondent No.2 has been ordered to be transferred is the same place where the petitioner is presently working as Forest Range Officer. The petitioner was posted at the present place of posting vide order dated 14.08.2018 (Annexure P/2) and since then he has been discharging his duties as Forest Range Officer. There is no modification, amendment or fresh order passed transferring the

petitioner to any other place and as such the petitioner substantively remains posted as Forest Range Officer at Keshkal, District Kondagaon. Meanwhile, respondent No.2 is being transfered at the same place.

3. Given the aforesaid facts that there is no change of posting of the petitioner, there is no order of transfer in respect of the petitioner and the petitioner is holding the charge of Forest Range Officer, Keshkal substantively pursuant to order dated 14.08.2018, this Court has no hesitation in holding that as long as there is no order of transfer so far as the petitioner is concerned, he cannot be forced to hand over the charge to any other person which includes the respondent No.2.

4. The respondent authorities would be at liberty to take an appropriate measure ensuring redressal of the grievances, if any, of the party approaches.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Khatai