Disposed¶24

Sanjay Bareth v. State of Chhattisgarh

Chhattisgarh HC16 Jan 2024WPS/3124/2018

Case brief

AI extract

What is this about?

Transfer of government servant - Revenue Inspector - challenge to transfer order dated 14.08.2017 and committee recommendation dated 16.10.2017 rejecting representation - petition held infructuous after lapse of more than 6 years - interim stay of transfer operating since 18.04.2018 - liberty to State to act under existing administrative transfer policy - WPS No. 3124 of 2018, High Court of Chhattisgarh, Bilaspur - Deepak Kumar Tiwari, J. - decided 17.01.2024 - NAFR.

What did the court decide?

Liberty granted to the State Government to take a decision as per the existing administrative transfer policy. ¶24

Sanjay Bareth Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3124 of 2018

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Sanjay Bareth, S/o Shri Makhan Lal Bareth, Aged About 33 Years posted as Revenue Inspector at R.I Circle- Hardi Bazar, Tehsil and District Korba, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh, Through Secretary, Revenue and Disaster Management Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

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2. Director, Land Records, Indrawati Bhawan, Raipur, District Raipur, Chhattisgarh

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3. Collector, Korba, District Korba, Chhattisgarh

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---- Respondent

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CAUSE TITLE TAKEN FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Petitioner : Mr. Sanjay Patel, Advocate For State : Mr. Rajeev Bharat, Dy. GA

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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17.01.2024

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1. Challenge in this petition is to the recommendation of the committee dated 16.10.2017, whereby the representation filed against the transfer order dated 14.08.2017, was dismissed.

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2. Brief facts of the case are that earlier, the petitioner had filed WPS No.5946/2017 challenging the transfer order dated 14.08.2017, by which, he has been transferred from R.I Circle, Hardibazar, District Korba to Tahsil Mohla, District Rajnandgaon (C.G) on the ground of administrative exigency. In the said petition the petitioner

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had taken a ground that within a short span of 10 months, he has been transferred, which is against the transfer policy. This Court vide order dated 09.11.2017 disposed of the said Writ Petition with a direction to the petitioner to file a representation before the appropriate authority, however, the said representation has been dismissed vide recommendation dated 16.10.2017. Thereafter, the petitioner has again come in the second round of litigation by filing this petition on 08.04.2018 and this Court by an interim order dated 18.04.2018, protected the petitioner by staying the transfer order till the next date of hearing and that order is still continuing.

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3. At the outset, learned counsel for the petitioner would fairly submit that the transfer order of the petitioner has been passed way back in the year 2017 and about more than 6 years have elapsed, therefore, no cause of action survives as the matter has become infructuous.

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4. The other side did not oppose the submission put forth by learned counsel for the petitioner.

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5. Having considered the submissions of learned counsel for the parties and also considering that the transfer order has been passed way back in the year 2017 and thereafter substantial period has already elapsed and the petitioner is still continuing on the said post by the judicial order on the same place which is not just for proper administration and therefore, the concerned authority is free to exercise

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its discretion, this Court does not find any merit in the present litigation.

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6. In view of the aforesaid, this Petition stands disposed of. However, the State Government is granted liberty to take decision as per the existing administrative transfer policy.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Sanjay Bareth v. State of Chhattisgarh

Case brief

What is this about?

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Sanjay Bareth v. State of Chhattisgarh

Case brief

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