This order dismissed a writ petition challenging a service posting and transfer. The court directed the respondent to consider a representation submitted by the petitioner within ten days before proceeding with the transfer.
Differs to make representation within ten days before final disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THB HIGH COURT OF CHHATTISGARH AT BHASPUR
W.P.tsi N0. UO'P OF 2009
| Pm'ITIONBR | DevendraKumarDubey, S/o Late Shd Qovind Dubey, Aged about 54 years, Occ Service, Posted as Incharg Municipal Officer, Panchayat, Chhura, Raipur (CG) |
Prasad upation e Chief Nagar District |
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| VERSUS | |||
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StateofChhattisgarh, Through Secretary, Prashashan and Vikas Bhawan, Mantoralaya, Distt. Raipur (CG) Dy. Secretary, Chhatdsgarh Nagriya Pras and Vikas Vibhag, Distt. (CG) Commissioner, Chhattisgarh Nagriya Pras and Vikas Vibhag, Distt. (CG) SubodhKumarMajumdar, Office Superintendent, Palika Nigam, Ambikapur Ambikapur (CQ) 6 OFTHE CONSTITUTION IA |
Nagriya , DKS Raipur, hashan Raipur hashan Raipur Nagar , Distt. |
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| SB : HON'BLE SHRI JUSTICB 10.08.2009 Shri Abhlshek Smha, coi Shri Yashwant Singh Th4 |
j kur; >RITmKBRDIWAKER nsel forthe petltioner. , Dy. A.G. forthe State. |
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| Challenge in the preser | June 2009 issued by responde Subodh Kumar Majumdar h Municipal Officer, Nagar Panch |
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| fc Contentlon of counsel was posted and is working aq Nagar Panchayat, Chhura ari transferring the petitioner the place. He further contends thal of the petitioner^ the position d as neitherhe can handoverthe i |
jr the petitioner is that the petitioner In charge, Chief Municipal Officer, d under no circumstances without •espondent No.4 can be posted in his if the respondent No.4joins in place the petitioner would be very difficult ^harge norcanjoin anywhere. |
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| Counsel for the State representation and the same 1j cc |
jntends that let the petitioner make a 7ould be decided in accordance with |
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| law. Counsel for the petitiorj However he submits that til] petitionerniay be giveri some pij |
er agrees to make a representation. his representation is decided^ the otective order. |
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| Accordingly^ the petitior^ petitioner to make a represent^ the date of receipt of the co^j decidedwithin aperiod ofthre^ |
is disposed of with a directibn to the .tion within a period of ten days from- y of this order^ the same would be weeks from the date ofits receipt. Till |
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| then the impugned order shall n<] be allowed to perform his duties Nagar Panchayat^ Chhura, Distt. |
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2 issues framed by the court
Whether to set aside the order posting the petitioner as Incharge and transfer him another place.
Whether a petitioner should be given an opportunity to make a representation before deciding their service transfer.
Devendrakumar Dubey
State of Chhattisgarh, Through Secretary, Prashasan and Vikas Bhawan
Dy. Secretary, Chhattisgarh Nagriya Pras and Vikas Vibhag
Commissioner, Chhattisgarh Nagriya Pras and Vikas Vibhag
Subodh Kumar Majumdar
Pritinker Diwaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
