High Court Of ChhattisgarhWPS/7303/2019disposed off

Daulat Ram Thakur v. State Of Chhattisgarh

2019-09-16Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7303 of 2019 Daulat Ram Thakur S/o Shri Surendra Thakur, Aged About 48 Years R/o Tahsil Colony, Basna, Police Station And Tahsil Basna, District Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department, Of Revenue And Disaster Management, Mahanadi Bhawan, Police Station And Post Office Rakhi, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Collector, Office Of Collector, Mahasamund, District Mahasamund Chhattisgarh ---- Respondents For Petitioner :

Mr. Abhishek Pandey, Advocate For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 16.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 23.08.2019 Annexure P-5 whereby the petitioner has been transferred from Tahsil Basna, District Mahasamund to Office of Collector, District Bastar.

2. The challenge to the impugned transfer order is on the ground that firstly the petitioner is a protected employee as he is the District Secretary of Chhattisgarh Revenue Inspector Union Mahasamund,

District Mahasamund. The second ground is that the petitioner has been subjected to frequent transfer inasmuch as the petitioner earlier vide order dated 28.02.2019 was transferred from Tahsil Seorinarayan, district Janjgir-Champa to Basna, district Mahasamund. However, because of the ongoing parliamentary election, the petitioner was not relieved and he was relieved only on 12.06.2019 and the petitioner gave his joining on 18.06.2019. Counsel for the petitioner submits that in just about 3 months time, the petitioner has again been transferred to district Bastar.

3. Given the aforesaid facts, particularly considering the fact that the petitioner is an office bearer and he has also been subjected to frequent transfer, let the petitioner make a detailed representation to the respondents within a period of 10 days from the date of receipt of certified copy of this order and the respondents in turn shall consider the same within a period of 45 days from the date of receipt of the representation.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai