This Writ Appeal against an order declining to interfere with an administrative representation concerning the appellant's transfer was dismissed by the High Court of Chhattisgarh, finding no infirmity in the lower court's reasoned order based on administrative satisfaction.
Appeal dismissed with no order as to costs.
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1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No.479 of 2015
Smt. Gulamati Vishwakarma, W/o Manoj Vishwakarma, aged about 47 years, presently working as LHV (Supervisor), Primary Health Center, Manoharpur, Shankargarh, District Balrampur – Ramanujganj, Chhattisgarh
---- Appellant
versus
1. State of Chhattisgarh, through the Secretary, Department of Health and Family Welfare, Mahanadi Mantralaya, Naya Raipur, Post Office and Police Station Naya Raipur, District Raipur, Chhattisgarh
2. Commissioner, Surguja Division, Ambikapur, Surguja, Chhattisgarh
3. Collector, Balrampur – Ramanujganj, Chhattisgarh
4. Chief Medical and Health Officer, Balrampur – Ramanujganj, Chhattisgarh
---- Respondents
For Appellant : Shri Jitendra Shrivastava, Advocate For Respondents/State : Shri B. Gopa Kumar, Deputy Advocate General
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy
Judgment on Board
Per Navin Sinha, Chief Justice
8/10/2015
2 . We find no infirmity in the order of the Learned Single Judge calling for interference as the representation was also disposed by a reasoned order based on administrative satisfaction.
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3 . At this stage, Learned Counsel for the Appellant makes an oral submission that he has received instructions only yesterday that there was no vacancy at the Primary Health Centre, Balangi, where she has been transferred. Since there is no material either in the writ petition or in the memo of appeal in support of the same, it is not possible for us to consider it.
4 . The writ appeal is dismissed.
Sd/Sd/( Navin Sinha ) ( P. Sam Koshy ) CHIEF JUSTICE JUDGE
Subbu
2 issues framed by the court
Whether the single judge's order declining to interfere with the administrative representation on transfer can be challenged.
Whether the lack of material regarding vacancy at the new posting can be relied upon at this stage of the appeal.
Smt. Gulamati Vishwakarma
State of Chhattisgarh
Commissioner, Surguja Division
Collector, Balrampur – Ramanujganj
Chief Medical and Health Officer, Balrampur – Ramanujganj
Navin Sinha
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
