1 2025:CGHC:12814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7034 of 2024 1 - Roopchand Dewangan S/o Late Shri Bajrang Lal Dewangan Aged About 34 Years Post Junior Technical Inspector R/o Quarter No. - C/4 S.E.C.L. Officers Colony Gudipara Baki Mogra Tehsil Katghora District - Korba (C.G.) Petitioner(s) versus 1 - South Eastern Coalfield Limited Through Chairman - Cum Managing Director South Eastern Coalfield Limited Seepat Road Bilaspur District - Bilaspur (C.G.) 2 - Chief General Manager S.E.C.L. Korba Area P.O. Korba Colliery Secl Korba Area District - Korba (C.G.) 3 - Sub Area Manager S.E.C.L. Saraipali Sub Area Office Korba Area District - Korba (C.G.) 4 - General Manager (Man Power ) Office Of The Sub Area Manager Saraipali Ocp Korba Area P.O. Bakshi (Pali) District - Korba (C.G.) 5 - Head Officer Bilaspur Secl Secl Bhawan Seepat Road Bilaspur Through Director Technical (P And P) Secl Bilaspur Respondent(s) (Cause title is taken from CIS) For Petitioner(s) : Mr. Avinash Chand Sahu and Mr. Vijay Kumar Sahu, Advocates For Respondent(s) : Mr. V.R. Tiwari, Senior Advocate along with Shri Satish Gupta, Advocate RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.19 10:30:37 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 18/03/2025 1. Challenge in the instant petition is to the order dated 18/10/2024 (Annexure-P/1) passed by respondent No.2, whereby the petitioner has been transferred to Sub-area Surakachhar-Balgi, Korba from Sub-area Saraipali, Korba with immediate effect. 2. (i) Case of the petitioner, in the nutshell, is that the petitioner was appointed in SECL as Junior Technical Inspector vide order dated 30/07/2016. Subsequently, vide office order dated 14.03.2022, the petitioner has been selected as Junior Technical Inspector (P & S), Grade-C and posted at Surakachhar, Balgi Sub-area. During his tenure, he was transferred on 22/01/2024 from Surakachhar, Balgi to Saraipali, District Korba and he joined at the place of posting. Subsequently, again, the petitioner has been transferred from Saraipali, District Korba to Surakachhar, Balgi vide order impugned dated 18/10/2024. (ii) According to the petitioner, as he had objected some corruption activities in the above area and as such some political persons were creating pressure on him to do corruption too, which he denied. According to the petitioner, he had also made complaint to the higher authority, but instead of taking action, the petitioner has been transferred by the order impugned, which is arbitrary, illegal and contrary to the law. 3. Learned counsel for the petitioner would submit that the order impugned dated 18/10/2024 whereby the petitioner has been transferred, is frequent 3 transfer order, as the petitioner had earlier transferred vide order dated 20/01/2024 and within a short span of time he has again been transferred. He would further submit that since the petitioner had complained about some irregularities to the higher authorities in the area, he has been punished by order impugned. Even the order impugned does not disclose as to why the petitioner has been transferred, therefore, the order impugned is bad in law and should be quashed. 4. Per Contra, learned senior counsel would submit that in Korba, there are seven sub-areas and within the same area of Korba, the petitioner has been transferred. The impugned order of transfer has been passed looking to the requirement of manpower at Surakachhar, Balgi which is situated nearly 5 kms away from the accommodation allotted to him, whereas, the earlier posting place of i.e. Saraipali sub-area is situated at a distance of 45 kilometers. From the said fact, it can be seen that the impugned order has not been passed with mala-fide intention. In fact, at Surakachhar, Balgi, there is acute need of manpower, therefore, looking to the smooth functioning of the mining area, the order has been passed. In support of the said contention, the SECL has filed a manpower assessment chart for the year 2024-25 as Annexure-R/1. The order impugned has been passed looking to the administrative exigency and hence, the petitioner cannot be permitted to take the plea of frequent transfer. 5. I have heard counsel for the parties and perused the documents annexed with the writ petition. 4 6. From perusal of the pleadings and the documents, it is manifest that there are seven sub-areas in Korba area and in one of the sub-area, the petitioner has been transferred which is situated at a distance of 5 kilometers from his residence. Further, perusal of the documents, particularly, the assessment chart, it is apparent that in the transferred place, there is shortage of Technical manpower and for smooth functioning of the mining work and looking to the administrative exigency, the petitioner has been transferred. 7. Learned counsel appearing on behalf of the petitioner has not been able to demonstrate any ground that the order impugned has been passed with mala-fide intention or the same in violation of any statutory provisions. 8. It is a settled law that transfer is an incident of Service and that who should be transferred where, is for the appropriate authority to decide. It is also well settled that unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the Court cannot interfere with it. 9. Accordingly, the Writ Petition, being devoid of merits, deserves to be and is hereby dismissed. Consequently, the interim order passed on 25/10/2024 stands vacated. Sd/- (BIBHU DATTA GURU) JUDGE Rahul/ Gowri