Division Bench dismissed an appeal against the rejection of a writ petition seeking to set aside a transfer order moving the appellant from Bilaspur to Balrampur, finding no infirmity in the order.
The writ appeal was dismissed summarily.
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.
HIGH COURT OF CHHATTISGARH AT BILASPUR h“—DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUéTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J.
Writ Aggeal No. 328 of 2012
\rV
APPELLANT
APPELLANT Nerus Kujur, s/o late E. Kujur, Petitioner aged about 44 years, working as Assistant Registrar, Co-operative Societies, Bilaspur Chhattisgarh. Versus RESPONDENT State of Chhattisgarh, through the ' Secretary. Co—operative Department, Mantraiaya, D.K.S. Bhawan, G.E. Road, Raipur (Chhattisarh).g WRIT APPEAL UNDER SECTION 2 1 OF CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH] ACT, 2006
Petitioner
RESPONDENT
Present: Shri H.B. Agrawai, Senior Counsel with Shri J.K. Gupta, counsel for the appellant. Shri Kishore Bhaduri, Additional Advocate General for the State/ respondent.
JUDGMENT
(12mJune,2012)
The following Judgment of the Court was passed by
Rajeev Gupta, C.J.
Learned counsel for the parties are heard on admission.
2 Writ Appeal No. 328 of 2012
“10.1 That the Hon’ble Coud may kindly be pleased to allow the petition by setting aside the transfer order issued by respondent as Annexure P/1 dated 26.04.2012, holding the same to be iliegal, bad and against the transfer policy in mid session and during ban period,furthermoreduring currency of code of conduct of election of primary agricultural cooperative societies, particularly when he has been appointed as Presiding Ofticer/ Election Officer the transfer order be quashed.
10.2 Costs of the petition be awarded and
10.3 Any other relief or direction which the Hon’ble Court may deems fit, be also awarded."
3 Writ Appeal No.328of2012
givingdueweighttothefactthatthepetitioner’stransferwasin violation ofthetransfer policy.
Wm.MW Chief Justice sum KUMAR smHA Judge
2 issues framed by the court
Whether the order of transfer of the appellant from Bilaspur to Balrampur suffered any infirmity warranting interference.
Whether the transfer violated the transfer policy or election code of conduct.
Nerus Kujur
State of Chhattisgarh
Rajeev Gupta
Sunil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
