Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5575
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 845 of 2025 1 - Vinay Kumar Mishra S/o Shri Ramanuj Mishra Aged About 46 Years R/o Ward No.-40, Near Radha-Krishan Temple, Village-Chhavani, Bhilai, Durg, District-Durg (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through-The Secretary, Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Principal Uday Prasad Uday, Govt. Polytechnic, Durg, District-Durg (C.G.) 3 - Dr. Satish Ku. Chandrawanshi Working As Lecturer (M.O.M.) Govt. Girls Polytechnic, Jagdalpur, Distt.-Baster At Jagdalpur (C.G.)
... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Somkant Verma, Advocate For State :- Mr. Kanwaljeet Singh Saini, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 30.01.2025
1. By way of this writ petition, the petitioner has prayed for following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR
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“10.1. That, this Hon'ble Court may kindly be pleased to quash/set aside order of transfer dated 15.01.2025, issued by the respondent No.-1 (so far as concerned to the petitioner and private respondent).
10.2. That, this Hon'ble Court may kindly be pleased to quash/set aside order of reliving dated 18.01.2025, issued by the respondent No.-2.”
2. Learned counsel for the petitioner submits that vide order dated 15.01.2025 passed by the respondent No-1, whereby service of the petitioner has been transferred from present place of posting i.e. from Uday Prasad Uday Govt. Polytechnic, Durg, District-Durg to Govt. Girls Polytechnic, Jagdalpur, District-Baster at Jagdalpur (C.G.) on administrative ground and they have transferred service of private respondent in place of the petitioner. He submits that the impugned order has been passed just to accommodate private respondent in place of the petitioner. It is also submitted that the ex-parte relieving order has also been passed on 18.01.2025. He submits that the the said orders are illegal, bad in law and require to be quashed. He also submits that he may be given liberty to file a representation raising all his grievances before the concerned respondent authority to consider and decide the claim of the petitioner, without entering into the merits of the case.
3. On the other hand, learned counsel appearing for the State opposes the submission and submits that the transfer order of the petitioner has been passed on administrative basis, which is absolutely correct and requires no interference.
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4. Considering the submissions made by the parties, and further considering the aforesaid aspect of the matter, the petitioner is granted liberty to file a representation raising all his grievances before the authorities concerned within a period of 10 days and, in turn, the concerned authorities are directed to consider and decide the said representation of the petitioner while passing appropriate orders in a pragmatic manner within a period of 30 days from the date of receipt of such representation, in accordance with law.
5. However, till the decision of the said representation, the transfer
order dated 15.01.2025 and the ex-parte relieving order dated 18.01.2025 in respect of the petitioner shall be kept in abeyance.
6. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha