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2025 DAILYLAW 52697 (CHH)

MANMOHAN JANGDE v. STATE OF CHHATTISGARH

WPS/10995/2025 · 2025-10-05

Shri Parth Prateem Sahu

body2025

Judgment text

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-1- 2025:CGHC:49690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10995 of 2025 Manmohan Jangde S/o Shri Keshav Prasad Jangde Aged About 54 Years Working As Revenue Inspector, Office Of Collector Land Record Branch, Raipur, District- Raipur ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Revenue And Disaster Management Department, Mantralaya, New Raipur, Atal Nagar, District- Raipur ( C.G. ). 2 - The Collector Land Record Branch Raipur, District- Raipur ( C.G. ). 3 - Smt. Meena Pandy Working As Revenue Inspector, Tahsil Office, Raipur, District- Raipur ( C.G. ). 4 - The Transfer Examination Committee General Administration Department, Mantralaya New Raipur, Atal Nagar, District- Raipur ( C.G. ). Through- Its Chairperson ... Respondent(s) __________________________________________________________ For Petitioner (s) : Mr. Goutam Khetrapal, Advocate For State/respondents : Mr. Vinay Pandey, Dy. A.G. _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 06/10/2025 1. This writ petition is filed by the petitioner seeking following reliefs: Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.10.09 11:02:04 +0530 -2- “10.1. That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned recommendation/order dated 08.08.2025 with communication dated 12.08.2025 (Annexure P-1) and impugned order dated 30.06.2025 (Annexure P-2) so far it relates to petitioner and further be pleased to direct the respondent authorities to allow the petitioner to continue at his present place of posting. 10.2. That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of petition may be given.” 2. Learned counsel for the petitioner submits that petitioner who is holding the post of Revenue Inspector and posted at Raipur is transferred to Korba vide order of transfer dated 30.06.2025. Order of transfer was put to challenge by filing WPS No.7811 of 2025 which was disposed off vide order dated 23.07.2025 directing the petitioner to submit representation before the competent authority under Clause -8 of the Transfer Policy dated 05.06.2025 and till decision on representation, interim protection of “no coercive steps” was ordered. Petitioner thereafter submitted representation before the concerned Committee which was decided on 08.08.2025. However, very ground which was raised in representation that petitioner being elected President of Union should not be transferred was not considered and therefore there is non-application of mind by the Committee on the ground raised by the petitioner in his representation. -3- 3. Learned counsel for the State opposes submission of learned counsel for the petitioner and submits that pursuant to Clause -8 of the Transfer Policy 2025 and direction issued by this Court, Committee has already made recommendation rejecting representation submitted by petitioner and therefore there is no merit in the writ petition. 4. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 5. Annexure P-6 is the order dated 23.07.2025 passed in WPS No.7811 of 2025 whereby writ petition filed by petitioner challenging order of transfer was disposed off directing the petitioner to submit fresh representation to be decided by the Committee within specified time and till then interim protection of “no coercive steps shall be taken against the petitioner” was granted. Petitioner thereafter submitted representation on 29.07.2025. Perusal of representation Annexure P-7 would show that petitioner in that representation has specifically mentioned that he has already filed representation pursuant to Clause - 8 of the Transfer Policy 2025 which is pending consideration and that is to be still decided by the competent authority and prays for amendment in his transfer order. 6. Earlier representation submitted by petitioner on 03.07.2025 against order of his transfer is also available in record as Annexure P-5. Perusal of Annexure P-5 would show that petitioner has raised two grounds in his representation, one showing his inconvenience to join transfer place due to disability of her younger sister and second, that he is holding post of District President of the Union and was elected on -4- 07.08.2022. Recommendation Annexure P-1 would show that second ground as raised in representation was not considered and decided by the Committee. 7. In the aforementioned facts of case as the Committee constituted under Clause 8 of the Transfer Policy 2025 has not considered all the grounds as raised in the representation, I am inclined to allow this writ petition. 8. Accordingly, writ petition is allowed. Recommendation dated 08.08.2025 (Annexure P-1) made by the Committee constituted under Clause 8 of the Transfer Policy 2025 is hereby set aside and the said Committee is directed to take decision on the representations dated 03.07.2025 (Annexure P-5) and 29.07.2025 (Annexure P-7) afresh considering all the grounds raised by the petitioner in representations. Decision be taken expeditiously preferably within a further period of three weeks from the date of receipt of copy of this order. 9. As submitted by learned counsel for the petitioner that in earlier petition, interim protection was granted to petitioner, it is directed that no coercive steps shall be taken against petitioner till decision on representations. /- Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen