High Court Of ChhattisgarhWPS/7223/2019disposed off

Gopal Sharma v. State Of Chhattisgarh

2019-09-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7223 of 2019 Gopal Sharma S/o Late Shri R. K. Sharma Aged About 41 Years R/o Qtr. No. H/77, Nbr Colony, Ps- Civil Lines, Rudri, District- Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Petitioner

Versus

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

2. Chief Engineer Department Of Water Resources, MRP Basin, Shankar Nagar Chowk, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Executive Engineer Water Management Division, Code No. 38, Rudri, DistrictDhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh

4. Transfer Committee Through The Coordinator, Department Of General Administration, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. N. Naha Roy, Advocate For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12/09/2019

1. The challenge in the present writ petition is to the impugned order Annexure P/1 dated 23.08.2019, whereby the services of the petitioner has been transferred from the office of Executive Engineer, Water Management Division, Rudri, District Dhamtari to the office of Executive Engineer, Water Resources Department, Rajnandgaon.

2. The contention of the petitioner is that the petitioner is the District Secretary of Pradesh Lipik Vargiya Shashkiya Karmachari Sangh and thereby the petitioner falls within the protected category under the transfer policy of the State Government.

3. Given the said facts, let the petitioner make a detailed representation to the respondents within a period of 10 days from today and the

respondents in turn shall decide the representation within a further period of 45 days from the date of receipt of representation. Meanwhile, there shall be a stay of the effect and operation of the impugned order, so far as the petitioner is concerned.

4. The authorities concerned are also directed to verify the fact whether the petitioner does fall under the protected category under the transfer policy of the State Government or not.

5. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved