1 2025:CGHC:35941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8440 of 2023 1 - Ku. Savita Sharma D/o Late Dr. Vijay Kumar Sharma Aged About 49 Years Assistant Food Officer In Food, Civil Supply And Consumer Protection Department, Bilaspur, Office At Collectorate Bilaspur, R/o Near Agrashen Bhawan, Juni Line Bilaspur District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Food Civil Suplly And Consumer Protection Department At, Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G). 2 - Director Directorate, Food, Civil Supply And Sonsumer Protection Department At Indiravati Bhawan, Nawa Raipur Atal Nagar, District Raipur (C.G.). 3 - The Collector Bilaspur, District Bilaspur (C.G.). 4 - Ajay Kumar Mourya Assistant Food Officer In Food, Civil Supply And Consumer Protection Department At District Bastar District Bastar Jagdalpur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Jitendra Nath Nande, Advocate. For Respondent(s)/ State : Mr. Vivek Mishra, Panel Lawyer. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/07/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus and quash the impugned transfer order dated 09/10/2023 (ANNEXURE-P-1) issued by the Upper Secretary of the Food, Civil Supply and Consumer Protection Department of the State Government which is illegal. erroneous and declares the same as ineffective in respect to the petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus and ordered that during General State Assembly Election the Election Commission of India declares the Model Code of Conduct and without prior permission of the Election Commission transfer order dated 09/10/2023 (ANNEXURE-P/1) in respect to the petitioner is bad in law therefore to be quashed. 10.3 Any other relief/reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also please be granted to the petitioner, in the interest of justice.” 3 2. Brief facts of the case, is that, the petitioner challenges the propriety and correctness of the order No. क्रमांक / एफ.1- 64/2021/29-1(पार्ट-1) नवा रायपुर अर्टल नगर, dated 09-10-2023, passed by the Upper Secretary of the Food, Civil Supply, and Consumer Protection Department in an arbitrary and discriminatory manner. The petitioner has been transferred from District Bilaspur to District Bastar, despite the Election Commission of India having already declared the Model Code of Conduct for the upcoming State Assembly Elections. Ignoring this fact, the respondent authorities has issued the impugned transfer order, seemingly to accommodate respondent No. 04 at District Bilaspur. Respondent No. 04 was transferred to District Bastar on 03-07-2023, was relieved from Bilaspur District on 02-08-2023 to join the new posting, but never reported to the transfer location at District Bastar. Without him joining, the respondent authorities arbitrarily issued the transfer order on 09-10-2023, re-appointing respondent No. 04 to District Bilaspur and transferring the petitioner, a senior officer, instead. This transfer order is in direct violation of the Model Code of Conduct declared by the Election Commission and appears to be issued solely to harass the petitioner. As such, the petitioner has filed this writ petition challenging the validity and propriety of the erroneous transfer order. 4 3. Learned counsel for the petitioner submits that an order dated 09.10.2023, the petitioner has been transferred from District Bilaspur to District Bastar, and in the place of petitioner, respondent No. 4, namley, Mr. Ajay Kumar Mourya has been transferred. He further submits that the order dated 03.07.2023 respondent No. 4 has been transferred on the basis of promotion. Additionally, referring to the letter dated 11.08.2023, it is pointed out that respondent No. 4 has not yet joined in District Bastar. Therefore, it is alleged that in order to accommodate the private respondent, the impugned transfer order of the petitioner has been issued. He further submits that impugned transfer order dated 09.10.2023 is arbitrary, illegal and bad in law and deserves to be quashed. 4. Learned State Counsel submits that petitioner is a government servant holding transferable post, hence, he has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by Competent Authority on administrative ground, hence it does not call for any interference. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further considering the fact that the petitioner has been challenged the 5 order dated 09.10.2023 in which vide order dated 19.10.2023 an order of stayed has been passed in favour of the petitioner, by the efflux of time the order could not be executed as such without entering into the merits of the case the impugned order is hereby quashed while reserving liberty to the concerned authorities to pass appropriate order in respect of the petitioner in accordance with law. 7. Accordingly, the writ petition is dispose of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat