Disposed

Lekhram Dewangan v. State of Chhattisgarh

Chhattisgarh HC17 Oct 2022WPS/6581/2022

Case brief

AI extract

What is this about?

In a writ petition challenging a transfer order, the High Court found no post existed at the destination. The court disposed of the petition, allowing the petitioner to file a representation before the Transfer Policy Committee to decide the matter within three weeks.

What did the court decide?

Permission to submit representation before the Transfer Policy Committee within 10 days; status quo maintained for five weeks.

Lekhram Dewangan Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 6581 of 2022

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Lekhram Dewangan S/o Late K.R. Dewangan Aged About 59 Years R/o Vasundhara Nagar, District : Raipur, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through the Secretary, Department of Schedule Caste And Schedule Tribe Development, Capital Complex, Atal Nagar, District : Raipur, Chhattisgarh

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Commissioner Department Of Schedule Caste & Schedule Tribe Development, Capital Complex, Atal Nagar, District : Raipur, Chhattisgarh

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Collector Gariyaband, District : Gariyabandh, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Sudeep Johri, Advocate For Respondents : Ms. Hamida Siddique, Dy. Advocate General

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Hon'ble Mr. Justice Parth Prateem Sahu Order On Board

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17/10/2022

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Challenge in this writ petition is to the order dated 10.9.2022 by which petitioner, who is working as Accountant, has been transferred from the office of Assistant Commissioner, Tribal Welfare Department, Gariyabandh to the office of Chief Executive Officer, Janpad Panchayat Chhura, on administrative ground.

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Learned counsel for petitioner would submit that petitioner is working as Accountant but the place where petitioner has been transferred, there is no post of Accountant, as is reflecting from Annexure P-10 which is sanctioned post set-up of the office of Chief Executive Officer of Janpad Panchayat. Hence, impugned transfer order of petitioner is against Special Note No.3 to Clause

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3 of Transfer Policy dated 12.8.2022, according to which, if post is not vacant at transferred place, transfer shall be cancelled automatically. He also submits that petitioner has not been relieved till date from his present place of posting.

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Learned State Counsel fairly submits that as per instruction received by her, there is no post of Accountant in the office of Chief Executive Officer, Chhura.

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Heard learned counsel for parties and perused the documents filed along with writ petition.

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Taking into consideration facts and circumstances of the case, submissions made by learned counsel for parties that as on date there is no post of Accountant in the office of Chief Executive Officer, Janpad Panchayat Chhura, this writ petition stands disposed of permitting petitioner to submit representation before the Committee constituted under Transfer Policy, within a period of 10 days from today, raising all the grounds as raised in this writ petition. On making such representation, the Committee shall consider and decide the same in accordance with law expeditiously, preferably within a period of three weeks from the date of receipt of such representation.

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For a period of five weeks or till decision on petitioner's representation, whichever is earlier, Status Quo , as it exists today, with respect to posting of petitioner shall be maintained.

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Certified copy as per rules. Sd/-

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(Parth Prateem Sahu) Judge

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roshan/-

Lekhram Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lekhram Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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