Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37549
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8876 of 2025 1 - Shri Laxman Netam S/o Shri Bhaskar Netam Aged About 45 Years R/o Forest Colony, Ward No. 6, District- Gariyabandh (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur, Chhattisgarh. 2 - Chhattisgarh State Minor Forest Produce (Business And Development) Co- Operative Federation Van-Dhan Bhawan, Sector-24, Naya Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 3 - Chhattisgarh State Minor Forest Produce (Business And Development) Co- Operative Federation Through- Managing Director, Chhattisgarh State Minor Forest Produce Federation, Van-Dhan Bhawan, Sector-24, Naya Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 4 - Joint Commissioner And Secretary Chhattisgarh State Minor Forest Produce Federation, Van-Dhan Bhawan, Sector-24, Naya Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 5 - Mr. Ramsanehi Yadav Accountant, District Forest Produce Federation, District- (Balrampur) Chhattisgarh. 6 - The District Managing Director District Forest Produce Co-Operative Federation Limited, Gariyaband, District- Gariyaband (Chhattisgarh)
... Respondent(s) For Petitioner(s) : Mr. Sabyasachi Choubey, Advocate For Respondent(s) : Mr. Shreyansh Mehta, Panel Lawyer SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.08.04 10:52:16 +0530
2 For Res. No. 2, 3 & 4 : Mr. Vivek Siddharth Ojha, Advocate Hon'ble Shri Justice
Ravindra Kumar Agrawal
Order on Board 31-07-2025
1. The petitioner who is working as Accountant at District Forest Produce Federation, Gariyaband and has been transferred from Gariyaband to District Forest Produce Federation, Balrampur vide order dated 16.07.2025 (Annexure-P/1).
2.
Learned counsel for the petitioner would submit that the impugned transfer
order is passed against the transfer policy of the federation as well as State Government. The petitioner has already served in the core schedule area almost about 10 years and he again has been transferred in the core schedule area. The petitioner is the Class-III employee and has been transferred into the new division which is far away from his present place of posting which is violative of the Employee/ Recruitment/ Classification and Service Rules, 1994 of the Chhattisgarh State Minor Forest Produce (Business and Development) Federation. Against the impugned transfer
order, the respondent No. 6 has already recommended for cancellation of the transfer order vide recommendation dated 21.07.2025 and sent it to the Respondent No. 3, but till date, the same has not been considered. Therefore, the authorities may directed to consider the recommendation dated 21.07.2025 within the stipulated time frame.
3. On the other hand, learned counsel for the State opposes has submitted that it is the State Minor Produce Federation to consider the representation/ recommendation which in accordance with law.
4. On the other hand, learned counsel for the Respondent No. 2, 3 & 6 though opposes on merits, however, he would submit that he has no objection if a direction is being made to the petitioner to make his representation and then the concerned authority shall decide his representation in accordance with
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5. Considering the submissions made by learned counsel for the parties and also the fact that the petitioner has challenged his transfer order dated 16.07.2025 and recommendation made by respondent No. 6 to Respondent No. 3 dated 21.07.2025, the petitioner is directed to make his representation before the Respondent No. 3 within one week from the date of receipt of the copy of this order and after such representation is being made, the Respondent No. 3 shall decide the said representation within a further period of three weeks from the date of receipt of the representation of the petitioner in accordance with law on its own merits. Till then, no coercive steps shall be taken against the petitioner pursuant to the transfer order dated 16.07.2025.
6. With the aforesaid observation and direction, the present writ petition is
disposed of.
Sd/- (Ravindra Kumar Agrawal) Judge sagrika