1 2025:CGHC:5512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 844 of 2025 • Sidharth S/o Late Shri Shital Prasad Thakur Aged About 48 Years R/o Quarter No. G/11, Gad Colony, Raigarh, Police Station- Chakradhar Nagar, Tahsil And Distt- Raigarh ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Its Secretary/ Additional Chief Secretary, Department Of Home, Mahanadi Bhawan, Mantralay, Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, District- Raipur ( C.G. ). 2 - Office Of Directorate Department Of Public Prosecution, Indrawati Bhawan, Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, District- Raipur ( C.G. ). 3 - Deputy Director Office Of Deputy Director, Department Of Public Prosecution, Raigarh, Distt- Raigarh ( C.G. ). ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Abhishek Pandey, Advocate. For Respondent(s)/ State : Mr. Ajit Singh, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. (ii) That this Hon'ble Court may kindly be pleased to set aside/quash the impugned deputation order dated 17.1.2025 (Annexure P/1) passed by respondent No. 1/Secretary, Department of Home, Raipur only in relation to the petitioner whereby he Tr has been sent on deputation from the office of respondent No.3/Dy. Director, Department of Public Prosecution, Raigarh to ACB/EOW, Raipur. (iii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to post the petitioner or continue his services in his previous place of posting ile. office of respondent No.3/Dy Director, Department of 3 Public Prosecution, Raigarh. (iv) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation.” 2. Learned counsel for the petitioner submits that the petitioner is working on the post of District Prosecution Officer in the office of respondent No. 3/ Deputy Director, Department of Public Prosecution, Raigarh and during his service period on 17.1.2025 respondent No 1/ Secretary, Department of Home, Raipur issued an order whereby sent three District Prosecution Officers on transfer/deputation to ACB/EOW, Raipur on administrative exigency. The petitioner is also sent on transfer/deputation from District-Raigarh to ACB/EOW, Raipur. However, before passing the said impugned order, no consent has been obtained from the petitioner which is against the settled legal position. Earlier on 19.4.2023, the petitioner was transferred by respondent No. 1/ Secretary, Department of Home, Raipur from District- Balrampur to District-Raigarh and within a short span of one year and nine months he has again been sent on transfer/deputation to ACB/EOW. He further submits that he is challenging the transfer order, as the transfer order is not in accordance with law and 4 requires to be quashed. 3. On the other hand, learned counsel appearing for the State opposes the submission and submits that the transfer order has rightly been passed which is not required to be interfered with. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submissions made by the parties, the petitioner is directed to file a representation raising all his grievances before the authorities concerned within a period of two weeks and, in turn, the concerned authorities are directed to decide the said representation within a period of four weeks, in accordance with law. 6. Till the decision of the said representation, the impugned transfer/ deputation order dated 17.01.2025 is kept in abeyance. 7. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat