High Court Of ChhattisgarhWPS/8706/2019disposed off

Chakrapani Sharma v. State Of Chhattisgarh

2019-10-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8706 of 2019 Chakrapani Sharma, S/o. Late M.M. Sharma, Aged About 60 Years, Occupation- S.D.O. Forest, Gharghoada, Division - Raigarh, DistrictRaigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through- The Secretary, Department Of Forest, Mantralay Bhawan, Naya Raipur, Chhattisgarh

2. Deputy Secrrtary, Jashpur Nagar, Department Of Forest, Mantralay Bhawan, Naya Raipur, Chhattisgarh

3. Divisional Forest Officer, Gharghoada, Division- Raigarh, District- Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Amit Sharma, Advocate For State/ Respondents :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 24.10.2019 Heard.

1. Grievance of the petitioner is that, by impugned transfer order dated 23.08.2019, initially the petitioner has been transferred from Gharghora, Forest Division Raigarh to Lailunga, Forest Division Dharamjaigarh and subsequently he transferred from Lailunga, Forest Division Dharamjaigarh to Gharghora, Forest Division Raigarh.

2. It is stated that the petitioner thereafter on 11.09.2019 joined to the transferred place of posting and thereafter charge was given to him on 23.09.2019. However, by subsequent transfer order dated 23.08.2019 the petitioner has been again transferred back to Dharamjaigarh. It is submitted that if the transfer order has been effected, it cannot be canceled and both the transfer order is of the same date.

3. Perused the transfer order Annexure P-1 and also the subsequent transfer order. It appears that the petitioner has joined the new transferred place and taken the charge on 23.09.2019. Considering the same, the petitioner is given liberty to make a fresh representation within a period of 15 days from today to the respondent authorities, who, in turn, shall consider and decide the same within an outer limit of 45 days from the date of receipt of the representation. Till the representation is decided, the subsequent transfer order dated 23.08.2019 in respect of petitioner shall remain stayed.

4. With such observation, the petition stands disposed off. Certified copy today.

Sd/- Goutam Bhaduri Judge Ashok