High Court Of ChhattisgarhWPS/7694/2019disposed off

Atmaram Mirji v. State Of Chhattisgarh

2019-09-18Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7694 of 2019 Atmaram Mirji S/o Shri Kaliram Mirji Aged About 54 Years Resident Of Gram Kanhora, District - Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Throgh The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar Raipur District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. District Education Officer District - Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Prateek Sharma, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

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 21.08.2019 passed by the respondents transferring the petitioner from Bemetara to Rajnandgaon.

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 of. Sd/- (P. Sam Koshy) Judge Rohit