Nand Kishore Tiwari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8859 of 2019 Nand Kishore Tiwari S/o Shiv Kumar Tiwari Aged About 53 Years Pradhan Pathak, Middle School Bojha, R/o Gandhi Nagar, Ambikapur, Police Station Gandhi Nagar, Ambikapur, District Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Education Department, Mahanadi Bhawan, Mantralaya, Raipur, District : Raipur, Chhattisgarh

2. District Education Officer Surajpur, District Surjapur, District : Surajpur, Chhattisgarh

3. Block Education Officer Pratappur, District Surajpur, District : Surajpur, Chhattisgarh --- Respondents For petitioner - Bhupendra Singh, Advocate.

For State - Mrs. Binu Sharma, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 24-10-2019 1.

Grievance of the petitioner is that he has been transferred from Government Middle School, Bojha, Vikas Khand Pratappur to Government Pre-Middle Schoo Govt. Pre-Middle School (Boys), Odgi, Distt. Surajpur by an order dated 01.10.2019 on the ground of his own accord, which is under challenge in this petition. Learned counsel contends that in the remark column of the order, the ground is written on his own accord though the petitioner has not made any application for such transfer and he has been wrongly transferred. It is submitted that therefore his transfer order may be cancelled. 2.

Taking into such factual dispute which is raised by the petitioner that he has not made any such application for transfer on his own accord and he has been transferred, it is directed that the petitioner shall make a representation within a period of 15 days from today to the concerned respondent. If such representation is filed, same may be decided within a

further period of 45 days. Till then the transfer order dated 1/10/2019 in respect of the petitioner shall not be given effect to. 3.

With such observation, the petition stands disposed of. Cc to day.

Sd/- (Goutam Bhaduri) JUDGE Rao