Neelmani Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8322 of 2019 • Neelmani Sahu S/o Kishore Kumar Sahu Aged About 29 Years R/o Ward No. 1, Ashram Para, Raipur Road, Rajim, Tehsil - Rajim, District - Gariyaband Chhattisgarh ---- Petitioner

Versus

1. State of C.G. Through The Principal Secretary Revenue And Disaster Management Department, Mahanadi Bhawan, New Raipur Chhattisgarh

2. The Deputy Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, New Raipur Chhattisgarh

3. The Collector, Gariyaband District - Gariyaband Chhattisgarh ---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For Respondents/State :

Shri Priyank Rathi, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/10/2019

1. The petitioner has filed the present writ petition on the grievance that though the petitioner has been transferred from Patwari Circle No.7, Gunderdehi, Block Fingeshwar, District Gariyaband to District Raipur, however, he is not being relieved.

2. The issue regarding implementation of transfer order has been considered by this Court in the case of Ms. Manish Agrawal v. State of Chhattisgarh & Others, 2015 (4) C.G.L.J. 182, wherein relying upon several judgments of the Hon'ble

Supreme Court it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified varied or cancelled.

3. Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in abeyance.

4. Accordingly, the writ petition is disposed of with a direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by the respondent - transferring authority, the petitioner would be required to be relieved towards implementation, execution of the transfer order.

5. The writ petition accordingly stands disposed of. Sd/- Goutam Bhaduri Judge Ashu