Beerbal Bais v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 7693 OF 2019 • Beerbal Bais, S/o Shri H.L. Bais, aged about 37 years, posted at Gram Panchayat Secretary, Umjhar, Janpad Panchayat, Odgi, District Surgajpur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (CG) 2.

Collector, Surajpur, District Surajpur (CG) 3.

Chief Executive Officer, Jila Panchayat, Surajpur, District Surajpur (CG) ... Respondents For Petitioner :

Mr. Varunendra Mishra, Advocate.

For Respondent-State :

Ms. Abhyunnati Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24/09/2019 1.

Challenge in the present writ petition is to the order of transfer dated 5.9.2019 (Annexure P-1) whereby the petitioner has been transferred from Janpad Panchayat, Odgi to Gram Panchayat, Tarkeshwarpur, Janpad Panchayat, Premnagar.

2.

Contention of the petitioner is that he has been subjected to frequent transfers, inasmuch as vide Annexure P-2, dated 29.6.2019, he was earlier transferred from Gram Panchayat, Thadhpathar to Gram Panchayat, Umjhar. He immediately complied with the said order and had joined the said place of posting and was working on the said place when he now has been transferred vide the impugned order (Annexure P-1) in just about 2 months' time. Further contention of the petitioner is that the order of transfer is also in violation of Rule 27 of the Chhattisgarh Panchayat Services (Recruitment and General Conditions of Service) Rules, 1999, inasmuch as he is being transferred from one Janpad Panchayat to another Panchayat.

3.

Given the said facts, let the petitioner within 10 days from today make an appropriate representation to respondent no.3 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.

4.

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.

5.

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