Anuj Kumar Sinha v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7611 of 2019 Anuj Kumar Sinha S/o Shri Krishna Kumar Sinha, Aged About 33 Years, R/o Kusmi, Police Station Kusmi, District Balrampur, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Chief Municipal Officer, Nagar Panchayat Kusmi, District Balrampur, Chhattisgarh

3. State Election Commission, Through Commissioner D. K. S. Parisar Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Arvind Sinha, Advocate For Respondents :

Ms. Sunita Jain, G.A. and Mr. Avinash Choubey, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 18.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 31.08.2019 Annexure P-1 whereby the petitioner has been transferred from Nagar Panchayat, Kusmi to Nagar Panchayat, Dondilohara.

2. The challenge is on the ground that the petitioner is a protected employee as he is the Secretary of the Chhattisgarh Pradesh Lipik Vargiya Shashkiya

Karamchari Sangh. The second ground is that the impugned order has been passed during the ban period as the ban was lifted only till 23rd of August, 2019 whereas the impugned order has been passed on 31st of August, 2019.

3. Given the aforesaid facts, let the petitioner make a detailed representation to the respondents within 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