1 2025:CGHC:2727-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 10 of 2025 1 - D.K. Chandel S/o P.L. Chandel Aged About 60 Years R/o Quarter No. G - 8, Pwd Colony, Katora Talb, Raipur, District Raipur, Chhattisgarh. ... Appellant(s) versus 1 - State of Chhattisgarh Through The Secretary, Government Of Chhattisgarh Public Works Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - The Engineer In Chief Public Works Department, Nirman Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh. 3 - The Superintending Engineer Public Works Department, Durg Circle, Durg Chhattisgarh. 4 - The Superintending Engineer Public Works Department, Circle No. 1, Raipur Chhattisgarh. 5 - Nirmal Kumar Singh S/o Shri Adhar Singh Thakur Aged About 61 Years Presently Posted As Executive Engineer, Public Works Department, Division Bemetara, District Bemetara, C.G. ... Respondent(s) For Appellant(s) : Mr. Sunil Otwani, along with Mr. Shobhit Koshta, Advocate For Respondent(s) For Respondent no.5 : Mr. S. S. Baghel, Dy. Govt. Advocate Mr. Ghanshyam Patel, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J. Order on Board 2 Per Ramesh Sinha, Chief Justice 16/01/2025 1. Heard Mr. Sunil Otwani, and Mr. Shobhit Koshta, learned counsel for the appellant. Also heard Mr. S. S. Baghel, Dy. Govt. Advocate, for the respondent/State, Mr. Ghanshyam Patel, learned counsel appearing for the respondent no.5. 2. Mr. Sunil Otwani, states that he has filed the Vakalatnama in the Registry of this Court today itself and he be permitted to argue the matter. 3. The present petition has been filed by the petitioner with the following prayer: "It is therefor, humbly prayed that the Hon'ble Court may kindly be pleased to allow the instant appeal and the judgment dated 06.12.2024 passed by the learned Single Judge in writ petition bearing WPS No. 7971/24 in between Nirmal Kumar Singh Vs. State of Chhattisgarh and others may kindly be set-aside and the writ petition filed by the respondent no.5 may kindly be dismissed." 4. The present writ appeal filed against the order dated 06.12.2024 passed by the learned Single Judge in WPS No. 7971/2024, whereby the writ petition filed by the respondent no.5 Nirmal Kumar Singh is allowed and his transfer order dated 30.11.2024 (Annexure P/1) of the writ petitioner is set-aside. 5. Brief facts of the case are that vide transfer order dated 30.11.2024 the writ appellant D.K. Chandel was transferred from the Office of Executive Engineer, Public Works Department, Division No.3, Raipur to the Office of Executive Engineer Public Works Department, Bemetara, Division and the respondent no.5 Nirmal Kumar Singh was transferred from the Office of Executive Engineer, Public Works Department, Bemetara, to Office of Superintending Engineer, as Executive 3 Engineer, Public Works Department Division No.1, Raipur. After the transfer order, on 02.12.2024 the writ appellant handover the charge to the other employee who came in place of writ appellant namely Abhinav Shrivastava and relieved from Raipur and joined at Bemetara Office on 03.12.2024 against the said transfer order dated 30.11.2024 the respondent no.5 Nirmal Kumar Singh has filed the writ petition WPS No. 7971/2024 before this Court which has been allowed on 06.12.2024 by holding that he is having entire 07 months remaining in his service and his transfer policy is against the transfer policy against the State Government. Therefore, the petition was allowed and transfer order dated 30.11.2024 was set aside. 6. After the order dated 06.12.2024, the respondent no.5 took the ex-parte charge from the writ appellant and as of now the writ appellant is nowhere in the charge-sheet as he has already relieved from his earlier place of posting and the order of transfer has already been executed but without hearing him in the writ petition the transfer order has been set aside which affects his rights, therefore, he impugned order dated 06.12.2024 in which the present writ appeal. 7. After hearing for sometime, learned counsel for the writ appellant prays for withdrawal of of the writ appeal with liberty to approach before the learned Single Judge to take recourse to law available to him. 8. Considering the submissions made by learned counsel for the writ appellant and under the facts and circumstances of the case, the present writ appeal is dismissed as withdrawn with liberty to the writ appellant to take recourse to law before the learned Single Judge as it is stated by him that though he has made as party in the writ petition but he was not heard. 9. With the aforesaid liberty the present writ appeal is dismissed as withdrawn. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.01.21 10:29:54 +0530