1 / 4 2025:CGHC:18578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2752 of 2025 1 - Sanjay Kumar Joshi S/o Late Shri Jugul Dass Aged About 38 Years R/o Village Parsada, Police Station And Tahsil Sakri, District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home (Police), Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director General Of Police, Police Headquarters, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - The Commandant, 2nd Battalion, Chhattisgarh Armed Force, Sakri, District- Bilaspur (C.G.) 4 - The Company Commander, Headquarter, 2nd Battalion, Chhattisgarh Armed Force, Sakri, District- Bilaspur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Sabyasachi Choubey, Advocate For Respondents/ State : Mr. Ajit Singh, Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.24 18:38:50 +0530 2 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/04/2025 1. By the present writ petition, the petitioner, who is presently working as Head Constable, Chhattisgarh Armed Forces, is questioning the order dated 02/04/2025 by which the petitioner has been relieved to join at ‘D Company’ Bayanar, District Kondagaon. 2. Learned counsel appearing for the petitioner submits that the order impugned dated 02/04/2025 (Annexure P/1) has been passed by respondent No.3/ Commandant, 2nd Battalion, CAF, Sakri, District Bilaspur pursuance to the order dated 17/02/2025 passed by this Court in WPS No.1232/2025 i.e. the earlier writ petition preferred by the petitioner whereby he was questioning the order dated 23/02/2024 and the relieving order dated 14/01/2025. The said writ petition was disposed of with an observation that the power to pass the order of transfer is vested upon Police Establishment Board and as the said impugned order dated 23/02/2024 therein was passed by the Commandant, the same was quashed, however, liberty was reserved for the State to pass a fresh order by providing proper opportunity of hearing to the petitioner. He further submits that in spite of the observation made by this Court that the transfer order can only be passed by Police Establishment Board, again the Commandant/ Respondent No.3 has passed the transfer order and directed the petitioner to join ‘D Company’ Bayanar, District Kondagaon, hence the order 3 / 4 impugned herein is absolutely illegal and arbitrary to the observation made by this Court. 3. Learned counsel appearing for the State, on the other hand, would oppose the submission made by the counsel for the petitioner and submits that the order has been passed by the respondent No.3/ Commandant pursuance to the order passed by this Court in WPS No.1232/2025, directing the petitioner to join ‘D Company’ Bayanar, District Kondagaon which is just and proper and passed in accordance with law. 4. I have heard learned counsel for the parties and perused the documents. 5. It is not in dispute that though the liberty was granted to the authorities to pass a fresh order by giving proper opportunity of hearing to the petitioner but there is an observation made by this Court in the said order that power to pass such an order of transfer is only vested upon Police Establishment Board, however, again by committing the same mistake, the Commandant has passed the impugned order (Annexure P/1) by directing the petitioner to join ‘D Company’ Bayanar, District Kondagaon. Even no opportunity of hearing was afforded to the petitioner before passing such an order although, there was a clear direction of this Court that before passing any order, proper opportunity of hearing has to be given to the petitioner. 6. The order dated 02/04/2025 (Annexure P/1) has been passed by respondent No.3/ Commandant 2nd Battalion, CAF, Sakri, District 4 / 4 Bilaspur who is not the competent authority to pass this order and no opportunity of hearing was provided to the petitioner as directed by this Court in WPS No.1232/2025. 7. Accordingly, the writ petition is allowed. The order dated 02/04/2025 (Annexure P/1) passed by respondent No.3/ Commandant deserves to be and is hereby quashed. The petitioner is allowed to discharge his duties in the present place of posting. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar