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2025 DAILYLAW 5981 (CHH)

ADITYA KUMAR DUBEY v. STATE OF CHHATTISGARH

WPS/724/2025 · 2025-01-27

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:4632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 724 of 2025 1 - Aditya Kumar Dubey S/o Shri R. S. Dubey Aged About 42 Years Posted As Assistant Grade Ii, Municipal Corporation, Bilaspur, Nehru Chowk, Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Director Directorate Of Urban Administration And Development, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Amrito Das, Advocate For State :- Mr. Vivek Sharma, Addl. A.G. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 to call for the entire record pertaining to the issuance of the order dated 26.12.2024 (ANNEXURE P-1) for its kind perusal. 10.2That, this Hon'ble Court may kindly be pleased to pass an appropriate writ / order quashing and setting aside the order dated 26.12.2024 (ΑΝNEXURE P-1) to the extent it relates to the petitioner. 10.3 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that vide order dated 26.12.2024, the services of the petitioner has been transferred from Municipal Corporation, Bilaspur, District Bilaspur to Municipal Corporation, Kirandul, District Dantewada in a vindictive manner as the petitioner is the District President of Navyukt Adhikari/Karmachari Kalyan Sangh, C.G. and according to the petitioner, since he was raising various issues, as such, the authorities are taking it as a tool and he has been transferred, which is not in accordance with law. It is also submitted that the mother of the petitioner is paralyzed and is under treatment from Apollo Hospital and his wife is also posted as Agriculture Extension Officer in Bilaspur and according to the policy of the State Government, the spouse should be posted in one or nearby area to one another, as such, the transfer order is required to be quashed. 3. On the other hand, learned counsel appearing for the State opposes the submission and submits that the transfer order of the 3 petitioner has been passed on administrative basis, which is absolutely correct and requires no interference. 4. Considering the submissions made by the parties, the petitioner is granted liberty to file a representation raising all his grievances before the authorities concerned within a period of a week and, in turn, the concerned authorities are directed to consider and decide the said representation of the petitioner while passing appropriate orders within a period of four weeks from the date of receipt of such representation, in accordance with law. 5. Till the decision of the said representation, the effect and operation of the impugned transfer order dated 26.12.2024 shall remain stayed with respect to the petitioner. 6. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha