Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5897 of 2023 1 - Sudhir Mishra S/o Late Shri R.S. Mishra Aged About 55 Years R/o Laxmi Niwas Colony, Hig 10 Sarkanda, P.S. Sarkanda Tahsil And District Bilaspur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Convenor And Secretary, Department Of General Administration (Transfer Committee) Mahanadi Bhawan, Mantralay, Police Station And Post Rakhi Atal Nagar Nawa Raipur,
District
Raipur,
Chhattisgarh 2 - State Of Chhattisgarh Through Its Secretary, Department Of Excise And Commercial Tax, Mahanadi Bhavan, Mantralay, Police Station And Post Rakhi Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh 3 - Deputy Commissioner Office Of The Assistant Commissioner, Composite Building Bilaspur, District Bilaspur, Chhattisgarh
... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Shailendra Bajpai, Advocate For State :- Mr. Ajay Pandey, G.A. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
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Order On Board 13.08.2025
1. That the petitioner has preferred the instant petition against the impugned transfer order dated 17/08/2023 issued by respondent no. 2 and relieving order dated 18/08/2023 issued by respondent no. 3 by which the services of the petitioner have been transferred from the office of Assistant Commissioner Excise Bilaspur (respondent no. 3) to the office of District Excise Officer District Gaurela-Pendra-Marwahi, hence this writ petition is been preferred.
2. The petitioner has prayed for following reliefs in the petition:-
“10.1 That the Hon'ble Court may graciously be pleased to call for the entire records of the case for its kind perusal. 10.2 That this Hon'ble High Court may kindly be pleased to Quash/Set Aside the impugned Transfer Order of petitioner dated 17/08/2023 (Annexure P/1) issued by respondent no. 2 and also Quash/Set Aside the impugned Relieving
Order of petitioner dated 18/08/2023 issued by respondent no. 3 (Annexure – 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.
3 10.4 That the Hon'ble Court may graciously be pleased to pass any other order as it may deem fit in the interest of justice”
3. The petitioners have filed the instant petition challenging the frequent transfer of the petitioner from one location to another within a span of fourteen months. It is submitted that the petitioner was initially transferred on 23.06.2022 from the office of the District Excise Officer, District Mungeli, to the office of the Assistant Commissioner Excise, Bilaspur. Subsequently, the petitioner was promoted from the post of Excise Constable to Excise Chief Constable and posted at the office of the Assistant Commissioner Excise, Bilaspur. However, within a mere six days, by order dated 17.08.2022, the petitioner was transferred again from the office of the Assistant Commissioner Excise, Bilaspur (Respondent No. 3), to the office of the District Excise Officer, District Gaurela-Pendra-Marwahi. Such frequent transfers are not justified, as the respondent State has shown a lack of
consideration for the petitioner’s circumstances. Frequent transfers cause significant hardship to the transferee and his family in terms of resettlement and adjustment. It is on these grounds that the present petition has been preferred.
4. Learned counsel for the respondents submits that the petitioner has challenged the transfer order dated 17.08.2023; however, as no stay was granted in respect of the said transfer order, this petition has become infructuous.
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5. Learned counsel for the petitioner submits that the petitioner is not currently in contact and, therefore, is unable to make any
submissions regarding the petition.
6. In view of the above, the petition is dismissed as having become infructuous.
7. However, the petitioner is at liberty to file a fresh petition, duly constituted, if any cause of action arises in the future. sd/- (Amitendra Kishore Prasad) Judge Vishakha