Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:49689
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11075 of 2025 Shivkumar Singh S/o Shri Ramsai Aged About 42 Years Presently Posted And Working As Revenue Inspector At Revenue Inspector Circle, Baikunthpur (Headquarter), Baikunthpur, District- Korea, (C.G. ).
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, C.G. 2 - Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, C.G. 3 - Collector Korea ( Baikunthpur ), District- Korea, C.G. ).
... Respondent(s) __________________________________________________________ For Petitioner (s) : Mr. Pawan Shrivastava, 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. Learned counsel for the petitioner submits that this is second round of filing writ petition . Earlier, petitioner has filed writ petition challenging
order of transfer dated 30.06.2025 whereby he has been transferred to Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.10.09 11:02:05 +0530
-2- District- Korea to District- Bastar. He contended that writ petition was
disposed off directing petitioner to submit fresh representation in terms of Clause -8 of Transfer Policy 2025, pursuant to which he submitted representation. However, the Committee constituted under Clause-8 of Transfer Policy 2025 while considering representation has not considered specific ground raised by the petitioner of Clause 3.4, 3.10, 3.13 of Transfer Policy 2025 . The decision/recommendation is non- speaking and therefore it be set aside.
2. Learned counsel for the State opposes submission of learned counsel for the petitioner and would submit that grievance of the petitioner is against his transfer and representation submitted by petitioner against his transfer has already been considered and decided by the Committee constituted under Clause -8 of the Transfer Policy 2025.
3. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition.
4. Annexure P-7 is the order dated 30.07.2025 passed in WPS No.8755 of 2025 whereby writ petition filed by the petitioner was disposed off with a direction to submit fresh representation before the Transfer Committee and in the same order interim protection was granted to petitioner of “no coercive steps shall be taken against him”. Pursuant to
order passed in writ petition petitioner has submitted detailed representation raising all the grounds as available to him including the ground of Clauses 3.4, 3.7, 3.10, 3.13 of the Policy 2025. It is contention of learned counsel for the petitioner that Committee in its recommendation has not discussed any of the ground as raised in
-3- representation and therefore decision is not sustainable in eye of law.
5. Perusal of the recommendation Annexure P-9 dated 08.08.2025 would show that while considering representation submitted by the petitioner, Committee in para-2 has discussed the ground as raised by the petitioner in its representation referring to clauses 3.4. 3.10 and 3.13 of the Transfer Policy 2025. However, in concluding paragraph, Committee has not discussed any of the ground as raised by petitioner. Decision is non-speaking decision and therefore it is not sustainable in eye of law.
6. For the foregoing discussions, recommendation dated 08.08.2025 made by the Committee is hereby set aside being not sustainable in law. Committee is directed to re-consider the representation submitted by the petitioner on 04.08.2025 and to dispose of representation by speaking recommendation considering all the grounds raised in representation. The decision shall be taken by Committee within a period of 3 weeks from the date of receipt of copy of this order.
7. Till decision on representation, interim protection granted by this Court in earlier writ petition shall continue.
8. Writ petition is accordingly disposed off. /- Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen