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2025 DAILYLAW 32302 (CHH)

MANOJ KUMAR SHAH v. STATE OF CHHATTISGARH

WPS/5824/2023 · 2025-08-27

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:43722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5824 of 2023 1 - Manoj Kumar Shah Son Of Shri Mahesh Prasad Sah, Aged About 56 Years Presently Posted And Working As Sub Divisional Officer (Sdo), Odgi, Forest Division Surajpur, District - Surajpur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Forest And Climate Change Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District - Raipur, Chhattisgarh. 2 - Under Secretary/ Special Secretary, State Of Chhattisgarh, Forest And Climate Change Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District - Raipur, Chhattisgarh. 3 - Principal Chief Conservator Of Forest, Aranaya Bhawan, Sector -19, North Block, Atal Nagar Nawa Raipur, District - Raipur, Chhattisgarh. 4 - Chief Conservator Of Forest, Forest Department, Aranya Bhawan, Medical College Road, Raipur - Circle, District - Raipur, Chhattisgarh. 5 - Divisional Forest Officer, Odgi, Forest Division Surajpur, District - Surajpur, Chhattisgarh. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 6 - Smt. Jenigres Kujur, At Present Posted As Sdo, Forest Division North, Baikunthpur, District - Baikunthpur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Pushpa Dwivedi, Advocate For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/08/2025 1. This petition is preferred against orders dated 14.08.2023. 2. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 That, this Hon’ble Court may kindly be pleased to set-aside the impugned transfer order dated 14.08.2023 (Annexure P-1) so far as the transfer of petitioner is concerned. 10.2 That this Hon’ble High Court may kindly be pleased to quash/set aside the impugned transfer order of the petitioner dated 17.08.2023 (Annexure P/1) issued by respondent no.2 and also quash/set aside the impugned relieving order of the petitioner dated 18.08.202 issued by Respondent No.3 (Anneuxre P/2). 10.3. That this Hon’ble High Court may kindly be pleased to direct the respondent authority to post the petitioner in his previous place of posting i.e. office of Assistant Commissioner Excise Bilaspur. 10.4 That this Hon’ble High Court may kindly be pleased 3 to pass any other order as it may deem fit I the interest of justice.” 3. Vide order dated 23.08.2023, the petitioner was granted stay by this Court. 4. Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such, by the afflux of time the said orders, has lost its efficacy and as such the order(s) dated 14.08.2023 is required to be quashed and accordingly the said order(s) under challenge is hereby quashed. 5. However, liberty is granted to the respondent State authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena