R. K. Kuldeep v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8647 of 2019 • R. K. Kuldeep S/o Late Ramadhin Aged About 59 Years Working As Ranger, Forest Range Bijapur District Bijapur Chhattisgarh, R/o 16-D 2-B-Type Hospital Sector Dallirajhara District Balod Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Its Secretary, Department Of Forest Mantralay, Mahanadi Bhawan Naya Raipur, Police Station Rakhi, Revenue And Civil District Raipur Chhattisgarh

2. The Chief Conservator Of Forest Chhattisgarh Naya Raipur, Atal Nagar Naya Raipur, District Raipur Chhattisgarh

3. The Conservator Of Forest Forest Circle Bastar Place Jagdalpur, District Bastar Chhattisgarh

4. The Divisional Forest Officer Bijapur, Bijapur Forest Division, Bijapur District Bijapur Chhattisgarh

5. Shri Sachchidanand Yadav Deputy Ranger, Incharge Range Officer, Madded Range, Forest Division Bijapur District Bijarpur Chhattisgarh ---- Respondents For Petitioner :

Shri Praveen Kumar Tulsyan, Advocate For Respondents/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/10/2019

1. Heard.

2. The grievance of the petitioner is that initially by order dated 23.08.2019 the petitioner has been transferred from Rajnandgaon to Durg, however, before he could take over the charge at Durg again a transfer order was issued whereby

he was transferred from Durg to Madded, Forest Division Bijapur and the petitioner thereafter took charge at Bijapur on 25.09.2019.

3. It is stated that the petitioner though was transferred by the State, the Chief Conservator of Forest by order dated 05.10.2019 has posted respondent No.5 Sachchidanand Yadav at Bijapur Forest Division i.e. the same place wherein the petitioner has given the joining. It is stated that though the petitioner has joined, however, the charge has not been given to him instead the order dated 05.10.2019 has intervened. Therefore, the Chief Conservator of Forest respondent No.2 may be directed to clear such ambiguity.

4. Perusal of the document would show that the petitioner was transferred to Bijapur by the State Government by order dated 23.08.2019 and by order dated 05.09.2019 respondent No.5 Sachchidanand Yadav was posted in the same place. Since according to Rule 12 of the Fundamental Rules, two persons cannot be posted at the same place and same post. Considering the same, the respondent No.2 the Chief Conservator of Forest is directed to clarify the same within a period of 45 days from the date of receipt of copy of this order.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu