Pradeep Kumar Arya Vs Mr. Ashok Juneja

By way of writ petition bearing WPS No.5462 of 2022 the petitioner had challenged the legality and validity of the transfer order dated 26/04/2022 issued by the DGP, PHQ, Raipur, whereby the services of the petitioner were transferred from Bilaspur to Kondagaon, on administrative grounds. In the said writ petition this Court has passed the interim order on 23/08/2022 and the effect and operation of the impugned transfer order was stayed.

The Contempt Petition No.220/2025 has been filed alleging violation of the interim order dated 23/08/2022 passed by this Court in WPS No.5462 of 2022 whereby despite the stay order in favour of the petitioner another transfer order dated 05/11/2024 has been issued and the petitioner has been transferred from District Bilaspur to District Bastar. The said transfer order dated 05/11/2024 has been challenged by the petitioner in WPS No.700 of 2025.

Learned counsel for the petitioner would submit that despite the stay order granted by this Court in favour of the petitioner, another transfer order dated 05/11/2024 has been issued and the pursuant to which, the petitioner has been relieved on 20/11/2024. Hence, the respondents/contemnors have made defiance of the order passed by this Court.

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Per contra, learned State counsel would submit that the respondent authorities will not insist upon the earlier transfer orders dated 23/08/2022 & 05/11/2024. They would pray that the liberty may be granted to pass afresh transfer order in respect of the petitioner when it is required.

I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.

Be that as it may, since the categorical submission has been made by learned State counsel that they will not insist upon the earlier transfer orders dated 23/08/2022 & 05/11/2024, in view of this both the transfer orders dated 23/08/2022 & 05/11/2024 passed in WPS No.5462 of 2022 & WPS No.700 of 2025, respectively, are quashed and the respondent authorities are at liberty to issue fresh transfer order with respect to the petitioner, if required.

With the aforesaid observation all the petitions are disposed of and the contempt proceedings against the contemnors are hereby closed.

SD/-

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(Arvind Kumar Verma)

JUDGE

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ashu

Pradeep Kumar Arya v. Mr. Ashok Juneja