Disposed¶41

Pradeep Kumar Arya v. the State of Chhattisgarh

Chhattisgarh HC16 Mar 2025WPS/700/2025

Case brief

AI extract

What is this about?

Police departmental transfer; transfer order quashed; violation of interim stay order dated 23/08/2022; contempt proceedings closed; liberty to issue fresh transfer order; WPS No. 5462 of 2022; WPS No. 700 of 2025; CONT No. 220 of 2025; High Court of Chhattisgarh at Bilaspur; Arvind Kumar Verma, J.; Pradeep Kumar Arya v. State of Chhattisgarh; DGP PHQ Raipur; Bilaspur to Kondagaon and Bilaspur to Bastar transfers; administrative grounds; service law; State undertaking not to insist on transfer orders.

What did the court decide?

Quashing of both transfer orders (recorded as dated 23/08/2022 & 05/11/2024) arising in WPS No. 5462 of 2022 and WPS No. 700 of 2025; liberty reserved to the respondent authorities to issue a fresh transfer order if required; contempt proceedings in CONT No. 220 of 2025 closed. ¶41

Pradeep Kumar Arya Vs the State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶41

Issue for consideration

Whether issuance of a further transfer order dated 05/11/2024 and relief of the petitioner on 20/11/2024, despite the stay order granted on 23/08/2022, amounted to defiance of the Court's order warranting contempt action. +1 more

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Court's answer

All the petitions are disposed of and the contempt proceedings against the contemnors are closed.

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Ratio / Principle

On the State's categorical submission that it will not insist upon the earlier transfer orders, both the transfer orders (recorded in the order as dated 23/08/2022 & 05/11/2024) passed in WPS No. 5462 of 2022 and WPS No. 700 of 2025 respectively are quashed.

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Key takeaways

The respondent authorities are at liberty to issue a fresh transfer order with respect to the petitioner, if required.ratio¶40

Detailed headnote1 paragraphs

Service Law / Police Transfer / Contempt — High Court of Chhattisgarh at Bilaspur (Arvind Kumar Verma, J.), order dated 17/03/2025, disposing of WPS No. 5462 of 2022, WPS No. 700 of 2025 and CONT No. 220 of 2025 (Pradeep Kumar Arya v. State of Chhattisgarh & others). The petitioner had challenged a transfer order dated 26/04/2022 issued by the DGP, PHQ, Raipur (Bilaspur to Kondagaon) in WPS No. 5462 of 2022, whereon the Court stayed the order's effect and operation by interim order dated 23/08/2022. Alleging that, despite the stay, a further transfer order dated 05/11/2024 (Bilaspur to Bastar) was issued pursuant to which he was relieved on 20/11/2024, the petitioner filed CONT No. 220 of 2025 and separately challenged the fresh order in WPS No. 700 of 2025. On the State counsel's categorical submission that the respondents would not insist upon the earlier transfer orders, the Court quashed both transfer orders (recorded in the order as 'dated 23/08/2022 & 05/11/2024'), reserved liberty to the respondents to issue a fresh transfer order if required, and closed the contempt proceedings.

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2025:CGHC:12691

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5462 of 2022

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1 - Pradeep Kumar Arya S/o Shri N.R. Arya Aged About 41 Years R/o Indrasen Nagar, 27 Kholi, Bilaspur, District : Bilaspur, Chhattisgarh

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--- Petitioner

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versus

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1 - The State of Chhattisgarh Through Its Secretary, Home Department, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

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2 - Director General of Police Police Headquarter, Sector - 19, Nava Raipur, District : Raipur, Chhattisgarh

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3 - Inspector General of Police Police Headquarters, Naya Raipur, District : Raipur, Chhattisgarh

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4 - Superintendent of Police Bilaspur, District : Bilaspur, Chhattisgarh

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--- Respondents

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WPS No. 700 of 2025

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1 - Pradeep Kumar Arya S/o Shri N.R. Arya Aged About 43 Years R/o Indrasen Nagar 27, Kholi Bilaspur District - Bilaspur (C.G.)

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--- Petitioner

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Versus

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1 - The State of Chhattisgarh Through Its Secretary Home Department Mantralaya Naya Raipur District - Raipur (C.G.)

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2 - Director General of Police Police Headquarter Sector - 19 Nava Raipur District - Raipur (C.G.)

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3 - Inspector General of Police Bilaspur Range Bilaspur (C.G.)

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4 - Superintendent of Police Bilaspur (C.G.)

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--- Respondents

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CONT No. 220 of 2025

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1 - Pradeep Kumar Arya S/o Shri N.R. Arya Aged About 43 Years R/o Indrasen Nagar, 27 Kholi, Bilaspur District - Bilaspur (C.G.).

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--- Petitioner

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Versus

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1 - Mr. Ashok Juneja Director General of Police, Police Head Quarter, Naya Raipur Atal Nagar, District Raipur (C.G.).

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--- Respondent For Petitioner : Mr. Parag Kotecha, Advocate For State : Mr. Y.S. Thakur, Addl. AG along with Mr. Neeraj Sharma, Dy. AG

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ASHUTOSHMISHRA Digitallysigned byASHUTOSHMISHRADate:2025.03.2610:57:23+0530

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(Hon’ble Shri Justice Arvind Kumar Verma)

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Order on Board

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17/03/2025

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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.

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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.

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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.

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

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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.

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

SD/-

(Arvind Kumar Verma)

JUDGE

ashu

Pradeep Kumar Arya v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Pradeep Kumar Arya v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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