1 2025:CGHC:39907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9380 of 2023 1 - Pavitra Ahirwar W/o Sunil Ahirwar Aged About 40 Years R/o Shiva Residency, Mathpuraina, Bhatagaon, Raipur, District Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Secretary, Food, Civil Supplies And Consumer Protection Department, Mantralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Deputy Secretary Food, Civil Supplies And Consumer Protection Department, Mantralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Rohan Patnaik, Advocate For Respondent No. 1 :- Mr. Ashutosh Shukla, P.L. For Respondent No. 2:- Mr. Raghvendra Pradhan, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 08.08.2025 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 1. The present petition is preferred against the blatantly arbitrary and illegal order dated 09.10.2023, bearing No. F/1-64/2021/29-1 (Part 1), issued by Respondent No. 2, the Deputy Secretary, whereby the Petitioner, who holds the substantive post of Assistant Food Officer, has been transferred from District Raipur to the Directorate of Food, Nava Raipur, Atal Nagar. 2. By way of this petition, the petitioner has prayed for following reliefs:- “A.To quash/ set aside the order dated 09.10.2023 numbered F/1-64/2021/29-1 (Part 1), issued by Respondent No. 2/Deputy Secretary, to the extent the same transfers the services of Petitioner from District Raipur to Directorate- Food, NavaRaipur, Atal Nagar and all consequences arising thereof and related thereto; and B. Any other relief(s) in favor of Petitioner as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case with cost.” 3. Brief facts of the case is that,The Petitioner, a dedicated and loyal officer of the Respondent State, currently holds the substantive post of Assistant Food Officer and has served the Respondent State with integrity and the highest level of efficiency for several years. The Petitioner is constrained to approach this Hon’ble Court by way of the present petition in view of the impugned order dated 09.10.2023, bearing No. F/1-64/2021/29-1 (Part 1), issued by Respondent No. 2, the Deputy Secretary, whereby the 3 Petitioner has been transferred from District Raipur to the Directorate of Food, Nava Raipur, Atal Nagar. 4. Learned counsel for the Petitioner submits that the impugned transfer order dated 09.10.2023, bearing No. F/1-64/2021/29-1 (Part 1), is arbitrary, illegal, and issued in violation of the transfer ban period, without disclosing any extreme urgency as mandated, and is neither in public interest nor to meet any administrative exigency but rather to accommodate another officer of the same cadre at the Petitioner’s present posting in Raipur. He submits that it further stands in contravention of the mandate of the Chief Election Officer, Chhattisgarh, which prohibited issuance of transfer orders after the Model Code of Conduct came into effect on 09.10.2023. It is stated that the Petitioner has already been subjected to frequent transfers, having been moved from District Durg to District Raipur only in August 2021. It is further stated that in absence of any justifiable reason, the impugned transfer constitutes a colourable exercise of power and a fit case for this Hon’ble Court to invoke its extraordinary jurisdiction under Article 226 of the Constitution of India to quash the same. 5. 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 4 call for any interference. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, and further taking into account that the Petitioner has challenged the order dated 09.10.2023, and that vide order dated 15.12.2023, an interim stay was granted in favour of the Petitioner, which, by efflux of time, could not be executed. Thus, this Court, without entering into the merits of the case, hereby quashes the impugned order dated 09.10.2023, while reserving liberty to the competent authorities to pass an appropriate order in respect of the Petitioner in accordance with law. 8. Accordingly, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha