The High Court of Chhattisgarh quashed the order cancelling an executed transfer of a government school lecturer, holding that a transferred post cannot be cancelled once executed, especially when stayed by this Court.
Order dated 05/07/2016 cancelling the transfer is quashed. Petition allowed. State at liberty to pass further order.
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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HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2851 of 2016
Satish Kumar Pandey S/o Shri C.K. Pandey, Aged About 45 Years R/o Old Sarkanda, Bilaspur, Working As Lecturer (Panchayat) (Maths) Govt. Higher Secondary School, Deorikhurd, Bilaspur P/s Sarkanda, Bilaspur Chhattisgarh
---- Petitioner
Versus
---- Respondent
For petitioner - Shri Praveen Das, Advocate. For Respondent/State – Ms. Akansha Jain, Dy.G.A.
Hon'ble Shri Justice Goutam Bhaduri
Order
10/07/2020
Heard.
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Sd/-
(Goutam Bhaduri)
JUDGE
gouri
2 issues framed by the court
Whether an executed transfer order which was subsequently cancelled can be quashed under Article 226 of the Constitution.
Whether the cancellation of a transfer order that had already been stayed can be allowed.
1 provisions across 1 enactments
Satish Kumar Pandey
State Of Chhattisgarh
The Jila Panchayat Bilaspur
Goutam Bhaduri
Gouri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
