1 2025:CGHC:5659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 784 of 2025 1 - Dinesh Kumar Masta S/o Ram Niwas Masta Aged About 59 Years R/o Tt- 45 Parthivi Province Sarona Near Ring Road No. 01 Raipur District - Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary Department Of Higher Education Mahanadi Bhawan Mantralaya Capital Complex Atal Nagar New Raipur District - Raipur (C.G.) 2 - Commissioner Higher Education Directorate Inderavati Bhawan Atal Nagar New Ripur District - Raipur (C.G.) 3 - Principal Dudhadhari Bajrang Government Womens College Raipur District - Raipur (C.G.) 4 - Principal Government Navin College Mangchua District- Balod (C.G.) 5 - The Collector And District Election Officer Raipur District - Raipur (C.G.) 6 - R. Prasanna Posted As Secretary Department Of Higher Education Mahanadi Bhawan Mantralaya Capital Complex Atal Nagar New Raipur District - Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Sajal Kumar Gupta, Advocate For State/Respondents No.1 to 5 : Shri Suyashdhar Badgaiya, Dy. Government Advocate Digitally signed by GOPAL SINGH Date: 2025.02.03 18:24:27 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. The present petition is filed challenging the transfer order dated 19.01.2025 (Annexure P/1) vide order no. F 1-9/2024/38-1 passed by the respondent Higher Education Department, by which the petitioner who is working as Assistant Professor (Economics) in the Dudhadhari Bajrang Government Women's College Raipur, District Raipur, C.G. has been transferred to Government Navin College, Mangchua, District- Balod, C.G., being a mala fide transfer on direction of Respondent no. 6 and issued after imposition of Model Code of Conduct for upcoming election of local bodies, and the impugned ex parte relieving order dated 20.01.2025 (Annexure P2) passed by respondent no.3. 2. Following reliefs have been sought in this petition: “10.1. That the Hon'ble Court may be pleased to issue a writ, order or direction or any other appropriate writ to quash/ set aside the impugned transfer order dated 19.01.2025 vide order no F 1-9/2024/38-1 passed by the respondent, Higher Education Department, by which the petitioner who is working as Assistant Professor (Economics) in the Dudhadhari Bajrang Government Women's College Raipur, District Raipur, C.G. and has been transfered to Government Navin College, Mangchua, District- Balod, C.G., (Annexure P/1); 10.2. That, the Hon'ble Court may be pleased to issue a writ, order or direction or any other appropriate writ to quash/ set aside the impugned 3 ex-parte relieving order dated 20.01.2025 passed by the respondent no 3 (Annexure P/2); 10.3. Any other relief, which this Hon'ble Court deems fit in the facts and circumstances, may also be granted in favour of the petitioner.” 3. Learned counsel appearing for the petitioner submits that the petitioner is working as an Assistant Professor in the Department of Economics in Dudhadhari Bajrang Government Women’s College, Raipur and vide order dated 19.1.2025 he has been transferred to Government Navin College, Mangchua, District Balod on administrative basis. Learned counsel further submits that on 20.1.2025 the petitioner was relieved by the Principal of the Dudhadhari Bajrang Government Women’s College, Raipur, however, on 18.1.2025, he has been directed to appear in the first training for the local bodies elections of 2025, as such the transfer order is required to be quashed. He further submits that as someone has made complaint against the petitioner as such he is being transferred. 4. Learned counsel for the State opposes the prayer made by the petitioner and submits that the transfer is an exigency of service and no indulgence is required for. 5. Considering the overall aspect of the matter, further considering the period on which the petitioner is posted at Raipur, I am of the opinion that the petitioner is required to file a representation for consideration before the concerned authorities. The petitioner is directed to file his representation within 10 days and the concerned authorities are directed to consider the representation of the petitioner within 4 weeks even looking to the another angle that the local bodies election would be concluded in the month of February, 2025 and as 4 such in the meanwhile appropriate order is required to be passed in respect of the posting of the petitioner. 6. Considering the aforesaid fact, till the representation of the petitioner is decided, the effect and operation of the impugned transfer order dated 19.1.2025 (Annexure P1) is stayed. However, it is made clear that this Court has not made any opinion in respect of the merits of the case and the concerned authorities are at liberty to pass appropriate orders in respect of transfer/posting of the petitioner. The authorities are also directed to communicate the order passed on the representation of the petitioner to the Registrar (Judicial) of this Court. 7. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh