Peteitioner challenged transfer order to Gariyaband, claiming stigma. The High Court perused the rejection of representation finding transfer based on administrative exigency. Not inclined to interfere, dismissed petition.
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HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(S) No. 6208 of 2016
M.D.Patele S/o Late Shri Birju Patele, Aged About 56 Years Occupation Service Presently Posted And Working As Assistant Statistical Officer, Kabirdham Chhattisgarh R/o H-4, New Collector Colony Kawardha, Disitrct Kabridham Chhattisgarh
---- Petitioner
Versus
---- Respondents
For petitioner - Shri Rajeev Shrivastava, Advocate. For Respondent/State – Shri Anil S. Pandey, G.A.
Hon'ble Shri Justice Goutam Bhaduri
Order
11/11/2016
“Considering the fact that transfer being the incident of service and the ancillary difficulty may arise, therefore, for the reasons which has been projected by the counsel for the petitioner, prima facie, I am not inclined to interfere with it. Since, the petitioner has filed a
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representation before the Transfer Committee, he may pursue his representation which has been made on 3/08/2016 and the Transfer Committee may decide the same according to its own merit after hearing the petitioner within a further period of 4 weeks from today and till then the the effect and operation of the transfer order dated 30/07/2016 with respect to the petitioner shall remain stayed.”
Sd/-
(Goutam Bhaduri)
JUDGE
gouri
3 issues framed by the court
Whether the High Court should interfere with the transfer order of a petitioner on grounds of stigma as contended by counsel.
Whether the transfer was based on administrative exigency or punitive stigma despite the submission better performance.
Whether the challenge to the transfer order should succeed on merits in view of the record including rejection of representation.
Colour shows how this judgement treated each authority
Somesh Tiwari Vs. Union of India and OthersReferred¶22
Somesh Tiwari Vs. Union of India and Others (2009) 2 SCC 592 · Who else cites this
M.D. Patele
State Of Chhattisgarh And Others
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
