1 2025:CGHC:919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 49 of 2025 • Manish Tamboli S/o Shri Vinod Tamboli Aged About 42 Years R/o Bharti Nagar, Near Reddy Store, Bilaspur, Police Station Civil Line, Tahsil And District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Its Secretary / Additional Chief Secretary, Department Of Home / Police, Mahanadi Bhawan, Mantralay, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2. Chairman CG State Police Establishment Board / Director General Of Police (DGP), Police Headquarters (PHQ), Sector - 19, Police Station and Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3. Additional Director General of Police (ADGP) Administration, Office Of ADGP, Administration, Police Headquarters (PHQ), Digitally signed by RAGHVENDRA JAT 2 Sector - 19, Police Station and Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 4. Members, CG State Police Establishment Board Police Headquarters (PHQ), Sector - 19, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Abhishek Pandey, Advocate. For Respondent/State : Ms. Akanksha Verma Dabhadker, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/01/2025 1. By way of this petition, the petitioner has prayed for following relief soughts:- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. (ii) That this Hon'ble Court may kindly be pleased to direct respondent No.2/DGP, PHQ, Raipur and also respondent No.3/ADGP, Administration, Raipur to comply with the earlier transfer order dated 27.9.2019 (Annexure P/2) for relieving the petitioner from ACB, 3 Raipur to Distt. Janjgir- Champa (CG). (iii) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation.” 2. Brief facts of the case is that in the year 2019 while the petitioner was posted as Inspector in police department in District- Gariyaband, on 2.8.2019 respondent No. 1/Secretary, Department of Home/Police, Raipur issued an order whereby various police personnel including the petitioner were sent on deputation to State Economic Offence Investigation Bureau/Anti Corruption Bureau, Raipur and the petitioner was sent on deputation to ACB, Raipur which was joined by him in the month of August, 2018 itself. On 27.09.2019 respondent No.2/DGP PHQ, Raipur issued an order and thereby transferred various police inspectors from one district to another including the petitioner from ACB, Raipur to Distt. Janjgir-Champa but he being on deputation in ACB, Raipur, the Superintendent of Police, ACB, Raipur did not relieve him for his place of transfer i.e. District- Janjgir-Champa. However, after passing of near about four years, on 30.6.2023 respondent No. 1/Secretary, Department of Home, Raipur issued an order and repatriated the police personnel 4 including the petitioner to their parent department i.e. Department of Home and the petitioner was posted in Police Headquarters (Administration), Raipur. The petitioner has submitted representations on 11.8.2023 and also on 13.11.2024 to respondent No.3/ADGP, Administration, Raipur and on 29.08.2023 to respondent No.2/DGP, PHQ, Raipur for relieving him for joining his place of transfer i.e. Distt. Janjgir- Champa in compliance of earlier transfer order dated 27.9.2019 passed by respondent No.2/DGP, PHQ, Raipur but even after submission of several representations, respondents No. 2 & 3 have till date not complied with the earlier transfer order dated 27.9.2019. 3. Learned counsel for the petitioner submits that he has been transferred vide order dated 27.09.2019 from ACB, Raipur to District- Janjgir- Champa, Chhattisgarh as Inspector in police department, however, this order could not be executed and a subsequent order dated 30.06.2023 was passed in which the petitioner was posted again to Police Headquarters (Administration), Raipur. The petitioner is seeking direction to this effect that the order dated 27.09.2019 which has not been cancelled by the authorities may kindly be directed to be executed and the petitioner may be relieved to join at District- Janjgir-Champa, Chhattisgarh. Learned counsel for the petitioner placed reliance upon order passed by this Court in identical 5 matters is WPS No. 1570/2017, WPS No. 584/2018, WPS No. 160/2019, WPS No. 7499/2022 & WPS No. 3800/2024. Hence, this petition. 4. Learned counsel for the State submits that the order of transfer was passed in the year 2019 as such it cannot be directed to be taken into account and subsequent order has been passed which has not been challenged by the petitioner as such he cannot be directed to be relieved to join at District-Janjgir-Champa, Chhattisgarh. 5. I have learned counsel for the parties and perused the material available on record. 6. The issue regarding implementation of transfer order has been considered by this Court in the case of "Ms. Manisha Agrawal Vs. State of Chhattisgarh and others", 2015(4) C.G.L.J.182, wherein relying upon several judgments of the Supreme Court, it has been held by this Court that once the employee has been transferred, it is required to be complied with unless it is modified, varied or cancelled. 7. Taking into consideration that the order dated 27.09.2019 is still in existence as it has not been cancelled by the authorities and further taking note of the order passed by Co-ordinate Bench of this Court, I am of the view, that the petitioner is required to be relieved for joining at District-Janjgir-Champa, Chhattisgarh. 6 8. Accordingly, it is directed that the respondents may relieve the petitioner for joining at District- Janjgir-Champa, Chhattisgarh within a period of four weeks. 9. With this observation, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat