High Court Of ChhattisgarhWPS/7972/2019disposed off

Pushpendra Singh v. State Of Chhattisgarh

2019-09-30Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7972 of 2019 Pushpendra Singh S/o Ramraj Singh Aged About 58 Years Working As Deputy Ranger, Forest Range Bhopalpatnam (General) District- Bijapur, Chhattisgarh, R/o 155 Dewangan Para Bhairamgarh, District- Bijapur, Chhattisgarh.

---- Petitioner(s)

Versus

1. State of Chhattisgarh Through Its Secretary, Department of Forest Mantralaya, Mahanadi Bhawan Naya Raipur, P.S. Rakhi Revenue and Civil District Raipur, Chhattisgarh.

2. The Conservator of Forest, Forest Circle Bastar Place Jagdalpur, DistrictBastar, Chhattisgarh.

3. The Divisional Forest Officer Bijapur, Forest Division, Bijapur, DistrictBijapur, Chhattisgarh.

4. Shri Suklal Darro Ranger Special Duty Forest Division South Kondagaon, District- Kondagaon, Chhattisgarh.

---Respondents For Petitioner :

Shri PK Tulsyan, Advocate.

For State :

Ms. Ishwari Dhritlahre, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.09.2019

1. Challenge in the present writ petition is to the issuance of order dated 23.08.2019 (Annexure P/1).

2. The contention of the petitioner is that, the petitioner while working as a Deputy Ranger was transferred vide Annexure P/2 dated 23.08.2019 whereby the petitioner is shown to have been transferred from Bijapur to Bhopalpatnam. According to the petitioner, thereafter he was immediately relieved from his post and he gave his joining on 28.08.2019 and subsequently he has also taken charge of the post on 06.09.2019 at Bhopalpatnam. However, abruptly another order of the same date i.e. 23.08.2019 has now been uploaded on 17.09.2019 in which though there is no name of the petitioner of being transferred elsewhere, but the

-2respondent No.4 has been shown to have been transferred from Kondagaon to Bhopalpatnam. The place where the respondent No.4 is being transferred is the place where the petitioner has already assumed his duties on 28.08.2019 and has also received his charge.

3. The petitioner further submits that he has also received a telephonic instruction from his client that there is yet another order dated 23.08.2019 passed by the department and wherein the name of the respondent No.4 has again been shown to have been transferred to a different place at Narayanpur and which the respondent No.4 has, in due course of time, complied with and has already assumed his duties at Narayanpur.

4. Given the aforesaid facts and circumstances of the case and also taking note of the fact that from the original order dated 23.08.2019 the petitioner has already assumed his duties and taken charge at Bhopalpatnam and so far as petitioner is concerned since there is no change of posting/amendment or modification to the order of transfer, this court is of the opinion that as of now Annexure P/1 dated 23.08.2019 may not be given effect to till the respondent No.1 reconsider the case of the petitioner and the respondent No.4 and an appropriate order thereafter is passed.

5. Till then, let status quo as it exists today be maintained by the parties.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder