Dismissed

Mukesh Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC1 Dec 2022WPS/8375/2022

Case brief

AI extract

What is this about?

This petition challenged a transfer order of a Patwari issued by the Collector in October 2022, allegedly violating ban periods and service tenure norms. The High Court upheld the transfer, noting the Collector's authority to transfer revenue officials under a 2014 circular overrides transfer policy clauses.

What did the court decide?

The writ petition was dismissed as the Court found no merit in the submissions regarding the validity of the transfer order under the 2014 circular and lack of evidence on substantive posting.

Mukesh Kumar Sahu 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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W.P.(S) No. 8375 of 2022

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Mukesh Kumar Sahu S/o Late Shri Rameshwar Singh Sahu Aged About 38 Years Occupation-Service, Presently Posted As Patwari At Patwari Circle No. 26 Anandgaon, Tahsil-Berla, Distt.-Bemetara (C.G.).

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(PCN 23 Wrongly Mentioned In Order As Petitioner Holding Additional Charge Of Said Circle)

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Capital Complex Naya Raipur Atal Nagar, District : Raipur, Chhattisgarh

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Collector Bemetara, District : Bemetara, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Sunil Sahu, Advocate For Respondents/State : Mr. Vaibhav Singh, P.L.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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01/12/2022

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Challenge in this petition is to the order dated 28.10.2022, whereby petitioner, who is working as Patwari, posted at P.C. No.23 Berla, District Bemetara is transferred to P.C. No.10

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Mohtara, Tahsil Nawagarh, District – Bemetara.

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Learned counsel for petitioner submits that petitioner is holding the post of Patwari. It is submitted that according to transfer policy formulated by State Government of the year 2022, Collector can transfer employee within the district for which the period of making such transfer is from 1^st of September till 10^th of September, 2022. Impugned order has been issued on 28.10.2022 and therefore, it is apparently issued during ban period. He further contended that in the impugned order of transfer, respondent No.2 has categorically mentioned that the employee/Patwari, who are posted since last three years or more than three years are being considered for their transfer but petitioner has not completed three years of service at his present place of posting, therefore also action of respondent No.2 in transferring petitioner is arbitrary. More than 10% of employee has been transferred by respondent No.2, which is apparent from the impugned order of transfer. Petitioner has not been transferred from his substantive place of posting i.e. P.C. No. 26 Anandgaon, Tehsil – Berla but has been transferred from the place, where he was holding additional charge i.e. from P.C. No.23. As petitioner is not being transferred from his substantive place of posting, hence the order of transfer so far as it relates to petitioner be set-aside.

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Learned State counsel opposing the submission made by learned counsel for petitioner would submit that Collector, who issued order of transfer categorically mentioned that transfer is being

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affected based on the circular dated 12.09.2014, issued by State Government, Department of Revenue and Disaster Management, wherein the Collector is having the jurisdiction to transfer Patwari/ Revenue Officers and the transfer policy would not have any bearing on the authority of Collector. He also submits that as the powers have been given to the Collectors to transfer the revenue officials for better administration, submission of learned counsel for petitioner that petitioner has arbitrarily exercised the power is not sustainable.

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I have heard learned counsel for parties and perused the documents available in record.

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On query being made by the Court with regard to circular mentioned in the impugned order dated 12.09.2014, counsel for petitioner fairly produced the circular for perusal of this Court. Relevant portion of circular is extracted below :-

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**dafMdk&16

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‘kklu }kjk izfro”kZ tkjh dh tkus okyh lkekU; LFkkukarj.k uhfr esa fdlh ckr ds gksrs gq;s Hkh laHkkxh; vk;qDr yksdfgr esa fdlh Hkh le; vius laHkkx ds Hkhrj ,d ftys ls nwljs ftys esa fdlh rglhynkj] uk;c rglhynkj ,oa jktLo fujh{kd dk LFkkukarj.k dj ldsaxs rFkk ftyk dysDVj vius ftys ds Hkhrj ,d rglhy ls nwljs rglhy esa fdlh rglhynkj] uk;c rglhynkj] jktLo fujh{kd ,oa iVokfj;ka dk LFkkukarj.k dj ldsaxsaA rglhynkj] uk;c rglhynkj ,oa jktLo fujh{kd dks ,d laHkkx ls nwljs laHkkx esa LFkkukarj.k jkT; ‘kklu ds }kjk fd;k tkosxkA fdlh le; fdlh vf/kdkjh vFkok deZpkjh dk LFkkukarj.k mijksDr vf/kdkfj;ksa }kjk fd;s tkus ds lkFk gh jkT; ‘kklu Lrj ls Hkh varZlaHkkxh; LFkkukarj.k vkns’k tkjh gksus dh fLFkfr esa jkT; ‘kklu dk vkns’k ekU; gksxkA**

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From bare perusal of circular, which is referred in the impugned order of transfer would show that powers have been given to the Collectors to transfer the revenue officials not withstanding any of provision in the transfer policy to be formulated by State Government. State Government vide letter dated 12.09.2014 has issued instructions to the Collector to transfer the revenue officials hence, in the language used under letter dated 12.09.2014, submission of learned counsel for petitioner that respondent No.2 could not have been transferred petitioner during the ban period is not sustainable. So far as the second ground raised by learned counsel for petitioner that petitioner has not completed three years on the date of issuance of transfer is concerned, the petitioner in the writ petition have pleaded that petitioner has joined the present place of posting on 18.08.2021, order of transfer is issued in the month of October, 2022. Petitioner has already completed about one year at his present place of posting on the date of issuance of order of transfer, hence, in absence of any violation of statutory provisions, I am not inclined to accept the submission of learned counsel for petitioner that respondent No.2 has exercised the power arbitrarily in transferring the petitioner as he has not completed three years of service at his present place of posting. Though petitioner has raised one another ground that he has not been transferred from his substantive place of posting i.e. P.C. No.26, Anandgaon, Tehsil – Berla, but he has not placed on record document regarding his regular posting at P.C. No.26 at

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Anandgaon. It is not clear that on which place, petitioner is substantially posted and since when.

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Taking into consideration the aforementioned facts and circumstances of the case, circular/instruction dated 12.09.2014 wherein the Collector was authorized to post Patwaries notwithstanding clause of transfer policy and no order of posting at P.H.C. No. 26 is placed, I do not find any merit in the writ petition and it is accordingly dismissed.

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C.C. as per rules.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Mukesh Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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