Govindram Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9174 of 2019 • Govindram Netam, S/o Bisahuram Netam, Aged About 61 Years, R/o Village Kokanpuri, Post Korar, Tahsil And District Kanker Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Forest, Mantralaya, Atal Nagar Naya Raipur Distt. Raipur Chhattisgarh.

2. Avar Secretary, Forest Department, Mantralaya, Naya Raipur Distt. Raipur Chhattisgarh.

3. Divisional Forest Officer, Narayanpur Forest Division, Narayanpur Chhattisgarh.

---- Respondents For Petitioner :

Shri Parag Kotecha, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner vide order dated 23.08.2019 was transferred to Chotedongar, Narayanpur Forest Division from Zone Office Narharpur Zone, Kanker Division, thereafter he was relieved from Narharpur and joined Chotedongar on 09.10.2019 (Annexure P-2); however, on the same date another order dated 23.08.2019 (Annexure P-3) was passed and the petitioner was again transferred from Chotedongar, Narayanpur Forest Division to Zone Office Narharpur, Kanker Division.

3. It is contended that it is a frequent transfer and without any verification that the petitioner had joined the new place of posting i.e. Chotedongar, Narayanpur again he could not be compelled to join back to the earlier place of posting.

4. Perused the documents and it appears that he was initially transferred to Chotedongar, Narayanpur Forest Division from Zone Office Narharpur , Kanker Division, however, on the same date another order was passed and he was transferred back from Chotedongar, Narayanpur Forest Division to Zone Office Narharpur Zone, Kanker Division.

5. Considering the ambiguity and the fact that the petitioner has relieved and had joined his new place of posting on 09.10.2019, the petitioner shall be given liberty to remove the ambiguity and shall make a representation within a period of 15 days from the date of receipt of a copy of this order to the respondent No.2. If such representation is filed, same shall be decided within a further period of 45 days. Till then the transfer order in respect of the petitioner dated 23.08.2019 whereby the petitioner has been transferred from Chotedongar, Narayanpur Forest Division to Zone Office Narharpur Zone, Kanker Division shall not be given effect to.

6. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti