Disposed

Chudamani Gupta v. State of Chhattisgarh

Chhattisgarh HC8 Aug 2023WPS/500/2023

Case brief

AI extract

What is this about?

The High Court dismissed the first writ petition assailing a transfer order as interim protection had lapsed. For the second petition seeking relief, the Court directed the State to immediately relieve both petitioners from their respective postings without detailed adjudication on merits.

What did the court decide?

Directing the respondent authorities to relieve petitioners from their respective places with immediate effect.

Chudamani Gupta Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

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Page 1 of 3

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 500 of 2023

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Chudamani Gupta S/o. Shri Rajkumar Gupta Aged About 43 Years R/o. M-41, Yadunandan Nagar, Bilaspur Chhattisgarh. Posted As Training Officer (Electrician), I.T.I. Koni District Bilaspur.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Secretary, Skill Development And Technical Education And Employment Department,mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh.

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Chairman, Co-Ordination Committee, General Administration Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

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Principal Aadarsh Industrial Training Institute, Koni - Bilaspur, District : Bilaspur, Chhattisgarh

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---- Respondents

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WPS No. 5452 of 2023

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Mahendra Kumar Banjare S/o Late Kholbahra Banjarey Aged About 34 Years Posted As Training Officer (Electrician) At Govt. Industrial Training Institute, Sukma, District : Sukuma, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through- Secretary, Skill Development And Technical Education And Employment Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur, C.G.

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Director Directorate Of Skill Development And Technical Education And Employment Department Indrawati Bhawan, Atal Nagar Nava Raipur, District : Raipur, Chhattisgarh

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Joint Director Industrial Training Institutes- Regional Office At Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh

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Chudamani Gupta Presently Posted As Training Officer At I T I, Koni, Bilaspur, District : Bilaspur, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Uttam Pandey and Mr. Syed Majid Ali, Advocates For State : Mr. Ravi Bhagat, Dy. Government Advocate

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Page 2 of 3

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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08.08.2023

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The petitioner-Chudamani Gupta has filed present writ petition assailing relieving order dated 22.12.2022 pursuant to transfer order dated 30.09.2022 by which he has been transferred from ITI, Koni, District – Bilaspur to ITI, Sukma, District – Sukma.

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Facts of the case of the petitioner-Chudamani Gupta are that earlier he challenged the transfer order in Writ Petition (S) No. 7082/2022 which was disposed off on 07.11.2022 directing him to submit representation and for limited period, interim protection was granted to him. He submitted representation before the Committee constituted under the Transfer Policy and till date the representation has not been decided, however, the respondents have issued relieving order on 22.12.2022 contending that the period prescribed under the interim protection is completed.

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Petitioner-Chudamani Gupta is posted at the present place of posting since 2013, already 10 years have passed, therefore, I am not inclined to entertain this writ petition, accordingly the writ petition No. 500 of 2023 is dismissed. The interim protection dated 07.11.2022 is vacated as already more than 8 months have lapsed.

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Facts of the case of the petitioner- Mahendra Kumar Banjare are that the petitioner has been transferred to ITI Koni from ITI, Sukma, however, since the petitioner – Chudamani Gupta has not been relieved, his transfer order has not been given effect, hence, filed the present writ petition seeking direction to the respondents to relieve him.

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Learned counsel for the State would submit on instruction that the petitioners will be relieved from their respective places today itself.

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Considering the facts and circumstances of the case and considering the submission made by the learned State Counsel, there is nothing left for adjudication of this Court. The respondents authorities are directed to relieve petitioners from

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Page 3 of 3

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their respective places with immediate effect.

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With the aforesaid observations & directions, the writ petitions are disposed of.

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Sd-

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(Narendra Kumar Vyas)

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Judge

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kishore

Chudamani Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chudamani Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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