Mohan Lal Vishwakarma vs State Of Chhattisgarh

1) Heard on I.A. No.2, application for urgent hearing of the case during summer vacation.

2) On due consideration and for the reason stated in the application (I.A. No.2), the same is allowed.

3) With the consent of the parties, the matter is heard finally.

4) The present writ petition has been filed by the petitioner who was given the charge of Chief Municipal Officer, Nagar Panchayat Chandrapur challenging the impugned transfer order dated 24.05.2023 whereby the respondent authorities transferred him to his original Department on original Post i.e. Sub Inspector (Revenue), Nagar Panchayat, Kirodimal Nagar.

5) Learned counsel for the petitioner would submit that the impugned transfer order has been passed in gross violation of the transfer policy issued by the State Government dated 12.08.2022 as same has been passed within a ban period, and while passing the order impugned there was no approval from the Coordination Committee, therefore, impugned order of transfer is liable to be set-aside.

6) Learned State counsel would oppose the above submission and submit that the impugned transfer order is passed on account of administrative exigency and the petitioner has been reverted back to his original place of posting i.e. Sub Inspector Revenue, Kirodimal Nagar, therefore, the instant writ petition has no merits.

7) At this stage, learned counsel for the petitioner would further submit that the petitioner may be permitted to file detailed representation before the Committee constituted under the Transfer Policy and till then some interim protection may be granted.

8) I have heard learned counsel for the parties and perused the documents place on record.

9) Be that as it may, this Court is inclined to dispose of this petition with liberty to the petitioner to make detailed representation before the Committee constituted under the transfer policy within a period of 7 days from today.

10) On such representation, the Committee shall consider and decide the same within further period of 3 weeks from the date of receipt of representation along with copy of order passed by this Court by providing opportunity of hearing to the stack holders.

11) For a period of 5 weeks from today, the impugned order of transfer so far as it relates to petitioner shall remain stayed.

12) With this observation, the instant petition is disposed of.

13) It is made clear that this Court has not expressed any opinion on merits of the case. If the representation is not made within 7 days, interim order stands vacated.