Dilip Kumar Minj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9747 of 2019 • Dilip Kumar Minj S/o Gustap Minj Aged About 45 Years R/o Boirdaadar, Near Maharshi School, Vijaypur, District - Raigarh Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh

2. Collector, Ambikapur District Surguja Chhattisgarh

3. Chief Executive Officer, Zila Panchayat Ambikapur, District - Surguja Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Lakhanpur, District - Surguja Chhattisgarh

5. Tahsildar, Tahsil Lakhanpur, District - Surguja Chhattisgarh ---- Respondents For Petitioner :

Shri Rahul Agrawal, Advocate For Respondents/State :

Shri Ravish Verma, GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/12/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner was transferred from SubEngineer, Rural Engineer Rajpur, District Balrampur to office Sub Divisional Officer, Sub Division Lakhanpur, District Surguja (C.G) by order dated 22.08.2019. Pursuant to which the petitioner took charge as per Annexure P-3 at Lakhanpur. Thereafter, the earlier transfer order has been amended within a

period of 2 months and again transferred the petitioner to Rural Engineering Services, Sub Division Bhaiyathan, District Surajpur by order dated 04.11.2019.

3. Learned counsel for the petitioner submits that the transfer is against the transfer policy as during the ban period the petitioner has been transferred and within a short period, the transfer has been amended.

4. Perused the documents. Perusal of the documents would show that the petitioner after transfer from Lakhanpur and joined there on 04.09.2019 at Lakhanpur subsequently by Annexure P-1 the petitioner has again been transferred. Considering the fact that within a short span of time the petitioner has been transferred, the petitioner is given liberty to make afresh detailed representation in this regard before the concerned respondent within a period of 15 days from today and on such representation being filed, the said respondent shall decide the same within a period of 45 days from the date of receipt of the representation. Till the representation of the petitioner is decided, the transfer order of the petitioner dated 04.11.2019 shall not be given effect to.

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