Shalini Saheb v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7853 of 2019 Shalini Saheb D/o Late Shri Laxmi Narayan Saheb Aged About 29 Years Presently Posted As Assistant Grage-III, At Office Of Deputy Director Panchayt Bemetara, District Bemetara R/o Near Radha Krishan Temple, Hatkeshar Ward, District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanandi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh,

2. Deputy Secretary Department Of Panchayat And Rural Development, Mantralaya, Atal Nagar, Naya Raipur District Raipur Chhattisgarh

3. Collector Bemetara District Bemetara Chhattisgarh

4. Deputy Director Panchayat Bemetara District Bemetara Chhattisgarh ---- Respondents For Petitioner :

Mr. Ishan Verma, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 25.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 22.08.2019 passed by the respondents transferring the petitioner from office of Deputy Director Panchayat Bemetara, District Bemetara to office of Deputy Director Panchayat Jashpur, District Jaspur.

2. The challenge to the transfer order is on the ground that the impugned order reflects the 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 for 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 fact that 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, 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. 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.

5. The present Writ Petition, accordingly stands disposed off. Sd/- P. Sam Koshy Judge Jyotijha