Disposed¶19

Dinesh Kumar Kunwar v. State Of Chhattisgarh

Chhattisgarh HC8 Feb 2024WPS/447/2018

Case brief

AI extract

What is this about?

Chhattisgarh HC Bilaspur, WPS No. 447 of 2018, Deepak Kumar Tiwari J., 09.02.2024 - teacher's transfer plea after kidnapping/threat letters; competent authority directed to decide fresh representation by speaking order within 4 months; disciplinary enquiry allowed for unauthorized absence, preferably at District Headquarter; petition disposed of.

What did the court decide?

Petition disposed of with directions: petitioner to file a fresh representation with copy of the order within 30 days; competent authority to decide it by a speaking order within 4 months of receipt; disciplinary enquiry permitted in case of unauthorized absence, preferably at the District Headquarter. ¶19

Dinesh Kumar Kunwar Vs State Of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities can be directed to decide the petitioner's representations dated 11.08.2014 and 22.12.2015 seeking transfer of his place of posting from Govt. Middle School Panwar. +1 more

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Court's answer

On submission of a fresh representation by the petitioner before the competent authority along with a copy of this order within 30 days, the competent authority shall decide such representation by a speaking order within 4 months from the date of receipt of such representation.

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Ratio / Principle

If the petitioner is found absent from duty unauthorizedly, the concerned authority may direct a disciplinary enquiry in accordance with law, and if required the enquiry be held preferably at the District Headquarter, where no threat exists.

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Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH, BILASPUR - WPS No. 447 of 2018 - decided 09.02.2024 - Single Judge: Hon'ble Shri Justice Deepak Kumar Tiwari. Petitioner, an Assistant Teacher (Incharge Head Master) at Govt. Middle School Panawar, Block Koyalibed, Uttar Bastar Kanker, was kidnapped on 02.01.2017 by two unknown persons and threatened; he sought change of place of posting. Respondent No. 2 had directed him (Annexure-P/2) to join the Panwar School itself rather than transfer him, and he thereafter received a further threat letter (Annexure-P/3). His representations dated 11.08.2014 and 22.12.2015 for transfer were not considered, prompting this writ petition seeking a direction for their decision. The Court disposed of the petition directing that, on a fresh representation filed with a copy of the order within 30 days, the competent authority shall decide it by a speaking order within 4 months of receipt; it further observed that if the petitioner is found absent from duty unauthorizedly, the concerned authority may direct a disciplinary enquiry in accordance with law, held preferably at the District Headquarter where no threat exists. No statute was cited and no precedent was relied upon.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 447 of 2018

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Dinesh Kumar Kunwar S/o Lubhan Singh Aged About 47 Years R/o Village Bhumka, Post Office - Nirri , Police Station Bade Donger , Tahsil Faras Gaon, Civil And Revenue District Konda Gaon Chhattisgarh. Mo. No. 7697139544 --- Petitioner.

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Versus

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State Of Chhattisgarh Through Secretary Scheduled Tribe And Schedule Caste Development Department Mahanadi Bhawan Mantralaya Naya Raipur Police Station Kewli, Tahsil Civil and Revenue District Raipur, CG.

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Collector, Trible Development Department Uttar Bastar - Kanker , Police Station And Tahsil Kanker , Civil And Revenue District Uttar Bastar Kanker Chhattisgarh.

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Additional Commissioner , Trible Department Kanker Police Station And Tahsil Koyalibeda , Civil And Revenue District Uttar Bastar Kanker Chhattisgarh.

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Block Education Officer, Trible Block Koyalibeda Police Station And Tahsil Koyalibeda , Civil And Revenue District Uttar Bastar Kanker Chhattisgarh. --- Respondents.

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(Cause title downloaded from CIS periphery)

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----------------------------------------------------------------------------------------------For Petitioner : Mr. S. K. Agrawal on behalf of Mr. R. K. Agarawal, Advocate. For Respondent/State : Mr. Ashutosh Shukla, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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09.02.2024

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This petition has been filed seeking direction to the respondent Authorities to decide the representation made by the petitioner on 11.08.2014 and 22.12.2015, whereby, he has requested to transfer his place of posting from Govt. Middle School Panwar, Block Koyalibeda, District Uttar Bastar Kanker to any other place.

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Facts of the case, in short, are that the petitioner was posted as Assistant Teacher (Incharge Head Master) at Govt. Middle School Panawar, Block Koyalibed, Uttar Bastar Kanker. On 02.01.2017 two unknown persons kidnapped the petitioner, carried him to a forest and threatened him to do re-admission of the the students, who had

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failed in the exams. Thereafter, the petitioner requested to change his place of posting. However, on 25.02.2009, vide Annexure-P/2, the respondent No.2 directed the petitioner to join the Panwar School itself but not transfer him to another place. Thereafter, vide Annexure-P/3, the petitioner received a letter threatening him of dire consequences in case he will not leave the school and the village. Therefore, he made representations before concerned Authority for his transfer, however, the same have not been considered so far.

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Having regard to the facts and circumstances of the case and considering the ground raised in the petition, this Court deems it appropriate to direct that on submitting a fresh representation by the petitioner before the competent Authority along with copy of this order within 30 days from today, the competent Authority shall decide such representation by a speaking order within a period of 4 months from the date of receipt of such representation. Ordered accordingly.

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However, if the petitioner is found absent from his duty unauthorizedly, the concerned Authority may direct for a disciplinary enquiry in accordance with law. If required, the said enquiry be held preferably at District Headquarter, where no threat exists.

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With the aforesaid direction, this petition stands disposed of.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay.

Dinesh Kumar Kunwar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dinesh Kumar Kunwar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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What the court decided

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