Mirza Zafar Baig v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9105 of 2019 Mirza Zafar Baig, S/o. Late Shri M.E. Baig, Aged About 52 Years, R/o. New Basti, Raza Talab, Raipur, Police Station-Civil Line, Tahsil And District Raipur, Chhattigarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Its Secretary, Department Of Excise (Commercial Tax), Mahanadi, Mantralaya, Police Station And Post- Rakhi, Atal Nagar, Raipur, District- Raipur, Chhattisgarh

2. Deputy Commissioner, Office Of Deputy Commissioner, Department Of Excise, Collectorate Premises, Raipur, District Raipur, Chhattisgarh

3. District Excise Officer (DEO) Office Of Deputy Commissioner, Department Of Excise, Collectorate Premises, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Abhishek Pandey, Advocate For State/Respondents :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 08.11.2019 Heard 1.

The challenge in the present writ petition is to the impugned order Annexure P-1 dated 13.08.2019 whereby petitioner has been transferred from District Raiput to District Rajnandgaon.

2.

The contention of the petitioner is that he is a Constable in the Excise Department and the appointing authority of the petitioner is the District Excise Officer. The seniority and promotion of the petitioner is maintained district wise and the next promotional post which the petitioner is entitled for i.e. the post of Head Constable also is a promotional post which is filled up by the Constables working in the same district. Further contention of the petitioner is that if he is shifted from the present place of posting to a

different district, his promotional avenues would get adversely affected. 3.

Given the aforesaid facts and circumstances of the case, subject to verification of the same, let the petitioner make a detailed representation to the respondents within 10 days from the date of receipt of certified copy of this order and the respondents in turn shall consider the same within a period of 45 days from the date of receipt of the representation. 4.

Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

5.

With the aforesaid observation, the writ petition stands dispose Sd/- Goutam Bhaduri Judge Jyoti