1 2025:CGHC:5887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8202 of 2023 Amti Dwivedi S/o Akhil Dwivedi Aged About 42 Years R/o Shikshak Nagar, Kawardha, District Kabirdham (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Food And Civil Supplies And Consumer Protection, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G.) 2 - Director Department Of Food And Civil Supplies And Consumer Protection, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G.) 3 - Collector Kawardha, District Kabirdham (C.G.) 4 - Food Officer Kawardha District Kabirdham (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ravi Kumar Bhagat, Advocate For Respondents : Mr. Saumitra Kesharwani, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 31.01.2025 1. Heard Mr. Ravi Kumar Bhagat, learned counsel for the petitioner and Mr. Saumitra Kesharwani, learned Panel Lawyer, appearing for the State/respondents. 2. The petitioner has filed this writ petition with the following relief(s):- “10.1 A writ and / or an order in the nature of writ of appropriate for set aside the impugned YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.02.01 13:47:44 +0530 2 transfer order dated 05.10.2023 (Annexure P/1) in respect of the petitioner in the fact and circumstances of the case.” 3. Brief facts of the case, are that, the petitioner is working on the post of Food Inspector at Kawardha, District Kabirdham (C.G.). Initially, the petitioner was appointed on the post of Food Inspector on 21.10.2014 and posted at Bastar, District Bastar, thereafter vide order dated 07.10.2017, he has been transferred Bastar to Kawardha, District Kabirdham (C.G.). The petitioner was working on that post and also holding the post of President of employee union at Kawardha. Vide impugned order dated 05.10.2023. the petitioner has been transferred from Kawardha, District Kabirdham to North Kanker District Kanker on administrative grounds. On 12.08.2022 the State Authorities have issued transfer policy in which categorically mentioned that the employee should not be transferred where excess employee are posted, so that the work efficiency of one district cannot be effected and other districts will not suffer distribution of work. In view of contents of the policy, the petitioner demonstrated that as per the present working food inspector in the District Kabirdham, 6 posts of Food Inspector are already working and one person has posted by impugned order at Kawardha and at the same time, in Kanker District, there is 9 food inspector already working in which one has transferred and now by impugned order, 3 food inspectors have been posted at Kanker, therefore if impugned order has been complied with, total 12 food inspectors are posted 3 at Kanker, which is clearly shows excess employee and violation of the transfer policy and does not show any administrative exigencies while transferring the petitioner at Kanker. 4. It is further case of the petitioner that in the year 2014 to 2017, the petitioner was already working at schedule area, therefore he cannot be again transferred to scheduled area. 5. Learned counsel for the petitioner submits that a direction be given to the respondent authorities to pass an appropriate order with regard to the transfer order of the petitioner. 6. I have heard learned counsel for the parties and perused the documents available on record with the writ petition. 7. It appears from the record that this Court has granted interim order in favour of the petitioner vide order dated 11.10.2023 by observing as follows:- “Mr. Ajit Singh, Advocate for the petitioner. Ms. Sunita Jain, GA for the State/respondents. Heard. Learned counsel for the petitioner submits that vide impugned order dated 05.10.2023, petitioner who is posted as ‘Food Inspector’ at Kawardha, Distt -Kabirdham is transferred to Distt -North-Bastar -Kanker, (CG). In the Distt- Kanker, total 09 posts are 4 sanctioned, however, 11 officials are already working there. Learned State Counsel prays for time to seek instruction in the matter. Considering facts of the case, submissions of learned counsel for the petitioner, purely as an interim measure, it is directed that effect and operation of impugned order dated 05.10.2023 (Annexure P-1) so far as it relates to the petitioner shall remain stayed, till the next date of hearing. List this case after two weeks.” 8. Taking into account the overall facts and circumstances of the case, particularly the fact that by virtue of interim order dated 11.10.2023 passed by this Court, the petitioner continued in the present place of posting, at this stage, the respondent authorities are directed not to give effect of impugned transfer order, however, they are at liberty to pass any appropriate order. 9. With the aforementioned observation/direction, instant writ petition is disposed of. - Sd/- (Amitendra Kishore Prasad) Judge Yogesh