Chandan Prasad Banjara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7035 of 2019

1. Chandan Prasad Banjara, S/o Shri Balaram Banjara, Aged About 58 Years, (Wrongly Typed as 'Banjare' In Impugned Order), Presently Working As Principal Of Government Higher Secondary School, Kukdur, Block: Pandariya, District- Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Secretary, Department Of School Education, Mahanadi Bhawan, New Raipur, Atal Nagar, District : Raipur, Chhattisgarh

2. Additional Secretary, Department Of School Education, Mahanadi Bhawan, New Raipur, Atal Nagar, District : Raipur, Chhattisgarh

3. District Education Officer, District- Kabirdham, Chhattisgarh ---- Respondents For Petitioner :

Mr. Satish Gupta, Advocate For State :

Mr. Chandresh Shrivastava, 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 of transfer Annexure P-1 dated 22.08.2019 passed by the respondents transferring the petitioner from Govt. Higher Secondary School, Kukdur, Block: Pandariya, District: Kabirdham, (C.G.) to Govt. Higher Secondary School, Dullapur Bazar, Block: Pandariya, (C.G.). 2.

The challenge to the transfer order is on the ground that, the impugned

order reflects the 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 for 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 fact 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, on verification, if it is found that the petitioner has in fact 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. 5.

Meanwhile, till the verification is done, the effect and operation of the impugned order (Annexure P-1), so far as the petitioner is concerned, shall not be given effect to.

6.

The present Writ Petition, accordingly stands disposed off. Sd/- P. Sam Koshy Judge Rahul