R.P. Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 7600 OF 2019 • R.P. Tiwari, S/o Late Guru Prasad Tiwari, aged about 58 years, working as Draftsman, office of Chief Engineer, Hasdev Ganga Basin, Water Resources Department, Ambikapur, District Surguja (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Joint Secretary, Water Resources Department, Mantralaya, Atal Nagar, New Raipur (CG) 2.

The Chief Engineer, Hasdev Ganga Basin, Water Resources Department, Ambikapur, District Surguja (CG) ... Respondents For Petitioner :

Mr. Himanshu Sinha, Advocate.

For Respondent-State :

Ms. Abhyunnati Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/09/2019 1.

Challenge in the present writ petition is to the order dated 23.8.2019 (Annexure P-1) whereby the petitioner has been transferred from the Office of Chief Engineer, Hasdev Ganga Basin, Water Resources Department, Ambikapur, District Surguja to the Office of Executive Engineer, Water Resources Division, Baikunthpur, District Koriya.

2.

Contention of the counsel for the petitioner is that the petitioner has been subjected to frequent transfer inasmuch as initially he was transferred on 9.8.2017 vide Annexure P-3 which was subjected to challenge in Writ Petition (S) No. 3909 of 2017 wherein an order of deciding the representation of the petitioner was passed with an interim protection in his favour. 3.

The representation of the petitioner was decided and his place of posting was changed vide order dated 3.4.2018 and he was transferred to Baikunthpur. The petitioner immediately complied with that order. Barely in a less than 10 months' time, the petitioner again subjected to transfer vide order dated 27.2.2019 whereby he was transferred from Baikunthpur to Ambikapur. Having worked there at Ambikapur for about 6 months' time, the petitioner has again been transferred now vide the present impugned order dated 23.8.2019.

4.

Considering the aforesaid facts and circumstances of the case, particularly the short interval of transfers that have been made in the case of the petitioner in less than a year's time, let the petitioner within 10 days from today make an appropriate representation to respondent no.2 who in turn shall consider and decide the same as expeditiously as possible preferably within a period of 45 days from the date of receipt of representation. 5.

Till the representation is decided, the effect and operation of the impugned order of transfer (Annexure P-1) shall remain stayed so far as the petitioner is concerned.

6.

With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE