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2025 DAILYLAW 28228 (CHH)

MANOJ KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/5104/2021 · 2025-07-29

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:37285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5104 of 2021  Manoj Kumar Sahu S/o Ram Bilas Sahu Aged About 46 Years Posted As Lecturer L.B. Government Higher Secondary School Tanoud, R/o Village Kharoud , Block Pamgarh, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. The Collector Janjgir Champa District Janjgir Champa Chhattisgarh. 3. The District Education Officer District Janjgir Champa Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Anup Majumdar, Advocate For State : Mr. Pramod Shrivastava, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 30-07-2025 1) Learned counsel for the petitioner submits that petitioner who was holding the post of Principal (In-charge) at Government Higher Secondary School, Tanoud was transferred from said institution to Government Higher Secondary School, Salkhan by the District Education Officer, Janjgir–Champa vide order dated 31.08.2021 and at the same time, a direction was issued to deposit the amount of examination fee and other fee collected from the Digitally signed by AJINKYA PANSARE Date: 2025.07.30 18:10:41 +0530 2 students with the authority. He contends that the District Education Officer was not competent to transfer the services of petitioner. He argues that interim order was passed by this Court in favor of petitioner on 20.09.2021 and it is still operating in favor of petitioner. He prays to set-aside the order impugned and allow the petition. 2) On the other hand, learned State counsel submits that there were serious allegations against petitioner, therefore District Education Officer, Janjgir–Champa passed the order impugned. 3) Heard. 4) Perusal of the order impugned would show that the District Education Officer is not competent to pass the order of recovery without holding inquiry and also not competent to transfer the services of petitioner. Therefore, at this stage, this petition is being disposed of reserving liberty in favor of petitioner to make representation before Collector, Janjgir Champa within a period of 30 days and the authority concerned is directed to decide such representation within further period of 90 days from the date of receipt of representation. For a period of 120 days, the interim order dated 20.09.2021 shall remain in force. 5) With the aforesaid observation(s) and direction(s), this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya