Quashed

Sushila Sinha v. State of Chhattisgarh

Chhattisgarh HC23 Jun 2024WPS/718/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition contesting a transfer order. Finding that four years had lapsed with an interim stay in force, the Court quashed the transfer order and granted liberty to the State to issue a fresh order if exigency arises. The petition was subsequently dismissed.

What did the court decide?

The transfer order dated 12-7-2019 was quashed. Liberty granted to the State to pass a fresh order if exigency arises. Writ petition disposed of.

Sushila Sinha Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 718 of 2020

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Sushila Sinha W/o Shri Jugesh Kumar Sinha Aged About 42 Years Resident Of H-35, Bti Colony, Uday Nagar, Kanker, District North Baster Kanker Chhattisgarh, District : Kanker, Chhattisgarh ---- Petitioner

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Versus

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State of Chhattisgarh through Principal Secretary, Health And Family Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Committee of Senior Secretaries Department Of General Administration, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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The Collector District North Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh

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The CommissionerTribal Administration Department, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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The Assistant Commissioner Tribal Administration Department, Kanker, District North Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh

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---- Respondents

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For petitioner : None

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For Respondent/State

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: Ms. Anuja Sharma, PL

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Hon'ble Shri Justice Narendra Kumar Vyas. Order on Board

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(24-06--2024)

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The petitioner has filed the writ petition under Article 226 of the Constitution of India wherein he has prayed for quashing of the recommendation dated 14-10-2019 made by the respondent No.2/Committee and also prayed for quashing of the order dated 12-72019 (Annexure P/2) by which the petitioner has been transferred from the office of Assistant Commissioner, Tribal Welfare Department to Prayas Residential School, Kanker on exigency ground.

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This court vide order dated 3-2-2020 has stayed the transfer order till the next date of hearing if it has not been executed. The interim order passed by this court is being continued for more than four years.

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Considering the fact that four years have already lapsed, I am of the view that the impugned order dated 12-7-2019 (Annexure P/2) is

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quashed. However, liberty is granted to the State to proceed further with liberty to pass a fresh order if exigency so arises.

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With the aforesaid observation and direction, the writ petition is disposed of.

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Sd/-

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( Narendra Kumar Vyas) JUDGE

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Raju

Sushila Sinha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sushila Sinha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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