2025:CGHC:22771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4058 of 2025 Kundan Lal Sharma S/o Late Bhuwan Lal Sharma Aged About 57 Years R/o Hbg-4 Street No. 1, Ward No. 47, 5-Building, P.S.- Padmanabhpur, Durg, District- Durg (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Under Secretary, Revenue And Disaster Management Department, Mantralaya, Atal Nagar, New Raipur, District- Raipur (C.G.) 2- The Collector Durg, District- Durg (C.G.) 3 - The Secretary Transfer Examination Committee, Mantralaya Atal Nagar, New Raipur, District- Raipur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Goutam Khetrapal, Advocate For Respondents/State : Shri Vinay Pandey, Dy AG ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 09.06.2025 1. By the present writ petition, the petitioner is challenging and impugning the recommendation dated 05.05.2025 of the Transfer Committee and order dated 15.05.2025 (Annexure P1), whereby, the Transfer Committee has rejected the representation of the petitioner which has been made against his transfer order. 2. The petitioner, who is working as Naib Tahsildar, and presently posted at Durg has been transferred from Durg to Bijapur vide order Wps 4058 of 2025 2 dated 10.03.2025. Earlier, he filed WPS-2237 of 2025 before this Court, which has been disposed of by the Coordinate Bench of this Court on 03.04.2025 with the following observation: “5.Hence, the petitioner is directed to submit a representation before the Committee constituted vide order dated 03.03.2025 within a period of 10 days and in case of filing a representation raising all the grounds/grievance made herein before the Committee, the Committee is directed to consider the grievance of the petitioner after affording an opportunity of hearing and passed a detailed &speaking order in accordance with the Transfer Policy of the State Govt., within a further period of 30 days from the date of receipt of the representation by the petitioner Till the decision of the Committee on the representation to be made by the petitioner, the impugned transfer order shall remain inoperative. The petitioner is at liberty to apprize the order of this Court before the Committee.” 3. Subsequent to the above order, the matter travelled to the Transfer Committee for its consideration in light of Circular dated 03.06.2015, issued by the State Government, and also in light of the Transfer Policy of the year 2022. However, the representation of the petitioner has been rejected by the Transfer Committee by its recommendation dated 05.05.2025, and the order dated 15.05.2025, which are under challenge in the present petition. 4. Learned counsel for the petitioner would submit that although the representation of the petitioner has been rejected by the Transfer Committee, however, there is no consideration of Circular dated Wps 4058 of 2025 3 03.06.2015 while considering the case of the petitioner by the Committee, whereas, in light of order dated 03.042025, the Transfer Committee should have considered the Circular dated 03.06.2015 issued by the State Government, and there is no consideration in the recommendation made by the Committee dated 05.05.2025 that they have considered the Circular dated 03.06.2015. Therefore, the case may be remitted back to the Transfer Committee to decide the representation afresh in light of Circular dated 03.06.2015 issued by the State Government, and also in view of Transfer Policy,2022. 5. On the other hand, learned State Counsel opposes and would submit that after considering the entire facts and circumstances of the case, as well as the Rules and Circulars, the Transfer Committee has passed the order, which needs no interference by this court. 6. From perusal of recommendation dated 05.05.2025 of the Transfer Committee, it appears that there is no consideration of Circular dated 03.06.2015, and it is only reflects in para-3 that they have examined the case of the petition in light of the Transfer Policy, 2022, and rejected the representation of the petitioner. Therefore, this Court deem it appropriate to remit the matter back tot he Transfer Committee to decide the petitioner’s representation afresh in light of the Circular dated 03.06.2015, as well as the Transfer Policy, 2022, and shall pass a reasoned order afresh. Wps 4058 of 2025 4 7. Accordingly, impugned recommendation dated 05.05.2025 and order dated 15.05.2025 (Annexure P1) are quashed, and the matter is remitted back to the Transfer Committee to decide the representation of the petitioner afresh on its own merits in light of Circular 03.06.2015, issued by the State Government, as well as the Transfer Policy, 2022, and shall pass a reasoned order in accordance with law within a further period of 30 days from today. 8. Till decision of the Transfer Committee, the impugned transfer order shall remain inoperative. 9. With aforesaid direction, present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma Digitally signed by V PADMAVATHI Date: 2025.06.12 11:28:32 +0530