1 2025:CGHC:1921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 211 of 2025 1 - Hemant Singh Thakur S/o Krishna Kumar Singh Aged About 37 Years Presently Working As Training Officer (Fitter) In Model Iti, Koni Bilaspur, District Bilaspur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Skill Development And Technical Education And Employment Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh. 2 - Director Directorate Of Skill Development And Technical Education And Employment Department Indrawati Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh. 3 - Principal Adarsh Industrial Training Institute, Koni, Bilaspur, District Bilaspur Chhattisgarh. 4 - Vikram Pratap Singh Posted And Working As Training Officer (Fitter), Industrial Training Institute Bhanupratappur, District Kanker Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Syed Majid Ali, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Digitally signed by RAVI SHANKAR MANDAVI 2 Hon'ble Shri Justice Amitendra Kishore Prasad, J Order on Board 13/01/2025 1. Heard. 2. By this petition, this petitioner has sought following relief : “10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned transfer order dated 06.01.2025 (Annexure P-1), so far as it relates to transfer of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue his services at the present place of posting. 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 3. Learned counsel for the petitioner submitted that the petitioner is appointed in the year 2013 on the post of Training Officer (Fitter) in the State of Chhattisgarh. Vide order dated 06.01.2025, he has been transferred from Industrial Training Institute Koni, Bilaspur, District Koni, Bilaspur to Industrial Training Institute Bhanupratappur, District Kanker. As the petitioner is a NCC Officer in ITI Koni, Bilaspur, the petitioner has been duly granted commission in Senior Division of NCC issued by Lieut. General, Director General NCC and there are five ITIs in the State of Chhattisgarh having NCC Senior Division Course. By the impugned order, the petitioner has been transferred to the 3 Bhanupratappur, however, the said institute does not have NCC Program, therefore the transfer order though mentioning administrative exigency is not justified for the reason that as on now, 106 Cadet are being trained in the said Institution and the person who has been transferred in the place of petitioner, is not a NCC Officer, which would adversely affect ongoing course. He further submits that the said transfer order has been passed without consultatoin with the Directors of NCC as per Circular dated 18.02.1986. In this regard, the State of Madhya Pradesh has issued executive instructions which are also effective in the State of Chhattisgarh, that in a case of transfer of any NCC Officer, the transfer has to be done with consultation of concerned Directorate of NCC, as such the transfer order is to be set aside/quashed. So far as it relates to transfer of the petitioner and this Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue his services at the present place of posting. 4. Learned State Counsel opposes the above prayer made by learned counsel for the petitioner. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. On perusal of the record, there is no dispute on the point that the petitioner is working as Training Officer (Fitter) at ITI, Koni, Bilaspur, District Koni, Bilaspur and vide order dated 06.01.2025 4 (Annexure P/1), the petitioner has been transferred from Industrial Training Institute Koni, Bilaspur, District Koni, Bilaspur to Industrial Training Institute Bhanupratappur, District Kanker without consultation with the concerned Directorate of NCC. As per Circular dated 18.02.1986 (Anneuxre P/5), it is necessary that before transferring an NCC Officer, consultation with the concerned Directorate of NCC would be necessary. In Para-2 of the said circular, it is mentioned as under : " अतः महानिदे शक, राᮆᯚय छा्ቔ से , ई निदेቤኍ क प्ቔ ्ቅमक 5152/8 डीजीएसेसे/पसे. (4) निदेक 3.1.86 ( ्ቚनितःलि निप से ्ሿ) परा नि"चारा करा नि्ቓय लि य गय हा& निक ्ቚदे श म' एसेसे क अशकलि अलि(करिराय* क स्थान्तःरा्ቓ करा क प." इसे सेबं( म' उप महानिदे शक, राᮆᯚय छा्ቔ से , म०्ቚ० क3 भी से हा ्ቚ्቎ क3 जी आ"श्यक हा8ग।" 7. Looking to the aforesaid facts and circumstances of the case and in view of the Circular dated 18.02.1986 (Anneuxre P/5), the impugned order dated 06.01.2025 (Annexure P/1) in respect of the petitioner is set aside/quashed. 8. However, liberty is reserved to the State-respondent to pass any appropriate transfer order in accordance with law/rules and with the consultation of the Directorate of NCC. 9. Accordingly, the instant writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi