High Court Of ChhattisgarhWPS/7324/2019disposed off

Parmanand Kashyap v. State Of Chhattisgarh

2019-09-11Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7324 of 2019 Parmanand Kashyap S/o Shri Chandulal Kashyap Aged About 56 Years R/o Parshuram Ward P.S. And Tehsil Bhatapara, District- BalodabazarBhatapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Nawa Raipur Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Janpad Panchayat Bhatapara Through The Chief Executive Officer, District- Baloda Bazar- Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Prateek Sharma, Advocate For State :

Ms. Ishwari Ghritlahare, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/09/2019

1. The challenge in the present writ petition is to the impugned order Annexure P/1 dated 22.08.2019 whereby the services of the petitioner has been transferred from Janpad Panchayat Bhatapara, District Balodabazar-Bhatapara to Janpad Panchayat Nawagarh, District Bemetara.

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 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 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, 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 Ved