High CourtsSingle Bench

Ashok Kumar Mahesh vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 21 February 2018 · Citation: (2018) 02 CHH CK 0356

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 1624 Of 2018
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Judgment

11 paragraphs · 195 words

P. Sam Koshy, J

1.

Heard on admission.

2.

The grievance of the petitioner is that even though the petitioner has been transferred vide order dated 14/08/2017, he is not being relieved. It is

stated that till date, the transfer order has not been stayed, varied or modified by the transferring authority.

3.

The issue regarding implementation of transfer order, has been considered by this Court in the case of Ms. Manisha Agrawal Vs. State of

Chhattisgarh and Others, 2015 (4) C.G.L.J.182 , wherein relying upon several judgments of the Supreme Court, it has been held by this Court that

once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled.

4.

Therefore, in these circumstances, either the transfer order has to be implemented or the State has the option to cancel, vary or modify or keep in

abeyance.

5.

Accordingly, this petition is disposed off with the direction that if the transfer order of the petitioner is not cancelled, varied or kept in abeyance by

the respondent-Transferring Authority till date, the petitioner would be required to be relieved towards implementation, execution of the transfer order.