Ishwar Das Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

Ishwar Das Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; respondents directed not to act upon the impugned transfer order (Annexure P/1), with liberty to pass a proper order should the exigency arise — thereby continuing the effect of the interim stay — without adjudicating the jurisdictional challenge.

Issue for consideration

Whether the impugned transfer order dated 06.10.2021 (Annexure P/1) passed by the District Panchayat, Janjgir-Champa was beyond its jurisdiction and authority, the petitioner being an employee of the State Government. +1 more

Ratio / Principle

The writ petition is disposed of with the observation that the respondents shall not act upon the impugned order (Annexure P/1), while reserving their liberty to pass a proper order if the exigency so arises; the jurisdictional objection raised by the petitioner was left undecided.

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR (Sachin Singh Rajput, J.; Order dated 08/01/2026; neutral citation 2026:CGHC:1262, NAFR) — WPS No. 5970 of 2021: Ishwar Das Sahu, a Sub-Engineer (Rural Engineering) posted at Sub-Division Baloda, challenged his transfer order dated 06.10.2021 (Annexure P/1) issued by the office of the District Panchayat, Janjgir-Champa transferring him to Sub-Division Akaltara, Janpad Panchayat Akaltara, until further orders. The petitioner claimed to be a State Government employee and argued the transfer order was passed by the District Panchayat beyond its jurisdiction and authority. Notice had been issued on 28.10.2021 with an interim stay of the impugned order, under which the petitioner continued at his original posting; respondent Nos. 2 & 3 urged that the petition had become infructuous with lapse of time. Without adjudicating the jurisdictional objection, the Court disposed of the petition, observing that the respondents shall not act upon the impugned order (Annexure P/1) while reserving liberty to pass a proper order if the exigency so arises.

1

2026:CGHC:1262

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5970 of 2021

Ishwar Das Sahu S/o Late Shri Babu Das Sahu Aged About 41 Years R/o Quarter No. 4, Janpad Parishar Baloda, Tahsil And Police Station Baloda, District Janjgir Champa (C.G.), District : Janjgir-Champa, Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary, Panchayat And Gamin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur (C.G.).

2 - Jila Panchayat, Janjgir Champa Through Its Chief Executive Officer Jila Panchayat, Janjgir Champa District : Janjgir-Champa, Chhattisgarh. 3 - Chief Executive Officer Jila Panchayat, Janjgir Champa District Janjgir Champa District : Janjgir-Champa, Chhattisgarh.

4 - Janpad Panchayat Baloda, Through Its Chief Executive Officer Janpad Panchayat, Baloda, District Janjgir Champa District : Janjgir-Champa, Chhattisgarh.

5 - Janpad Panchayat Akaltara, Through Its Chief Executive Officer, Janpad Panchayat, Akaltara, District Janjgir Champa, District : Janjgir-Champa, Chhattisgarh.

6 - Shri Jaspal Dhirhi Sub Engineer, Rural Engineering Department Through Chief Executive Officer, Jila Panchayat, Janjgir Champa District Janjgir Champa, District : Janjgir-Champa, Chhattisgarh.

... Respondents

2

For Petitioner	: Mr. Kripesh Kela, Advocate holding brief of Mr. Devesh G. Kela, Advocate
For Res. No. 1	: Mr. Rohitashav Singh, Deputy Government
	Advocate
For Res. Nos. 2& 3	: Ms. Isha Jajodia,Advocate

Hon'ble Shri Justice Sachin Singh Rajput Order On Board

08/01/2026

The present writ petition has been filed by the petitioner with the following prayer:

“ 10.1. That the Hon’ble Court be pleased to direct the Respondent No. 1 to 4 to place all record connected with the matter for the perusal of the Hon’ble Court.

10.2. That the Hon’ble Court may be pleased to quash the impugned order 06.10.2021(AnnexureP-1).

10.3. That such other relief’s as the Hon’ble Court deems fit in the circumstances of the case be granted to the Petitioner.”

Learned counsel for the petitioner submits that this writ petition is to an order dated 06.10.2021 (AnnexureP/1) by which, the petitioner who was working as Sub-engineer Rural engineering Sub-Division Baloda was transferred to sub-division Akaltara, Janpad Panchayat, Akaltara until further orders. This order was passed from the office of District Panchayat, JanjgirChampa. He further submits that the petitioner is the employee of the State Government and the impugned transfer order was passed by district Panchayat, Janjgir-Champa beyond its jurisdiction and authority. Therefore, it is liable to be set aside.

Learned counsel for the State submits that the impugned order passed by respondent No. 3.

Learned counsel for respondent Nos. 2 & 3 submits that interim

3

relief passed in favour of the petitioner and as such with the laps of time the instant writ petition infructuous.

Be that as it may, this Court while issuing notice to the respondents on 28,10,2021, stayed the effect and operation of the impugned order Annexure P/1. It appears that the impugned order is still in force and at the strength of the impugned order, as per submission of the learned counsel for the petitioner the petitioner is still working in his previous place of posting.

In view of the above, this writ petition is disposed of and it is observed that the respondent shall not act upon the impugned order Annexure P/1, however, they would be at liberty to pass proper order if the exigency so arises.

In view of the above, the instant writ petition is disposed of.

Sd/- (Sachin Singh Rajput ) Judge

Ami

AMITA DUBEY

Digitally signed by AMITA DUBEY Date: 2026.01.12 18:06:23 +0530