1 2025:CGHC:8130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1232 of 2025 1 - Sanjay Kumar Joshi S/o Late Shri Jugul Dass Aged About 38 Years R/o Village Parsada, Police Station And Tahsil Sakri, District Bilaspur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home (Police), Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Director General Of Police Police Headquarters, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - The Commandant 2nd Battalion, Chhattisgarh Armed Force, Sakri, District Bilaspur Chhattisgarh 4 - The Company Commander Headquarter, 2nd Battalion, Chhattisgarh Armed Force, Sakri, District Bilaspur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Sabhyasachi Choubey, Advocate For State :- Mr. Vivek Sharma, Addl. A.G. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 17.02.2025 1. By way of this writ petition, the petitioner has prayed for following VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 23.02.2024 (Annexure P/1) so far it relates to transfer of petitioner and relieving order dated 14.01.2025 (Annexure P/2) and further be pleased to direct the respondent authorities to allow the petitioner to continue at 2nd Battalion, CAF, Sakri, District Bilaspur (CG). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and decide 12.02. petitioner's pending representation dated 19.09.2024. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner submits that the impugned transfer order dated 23.02.2024 has been passed without jurisdiction as the Commandant is not having power and authority to pass such transfer order. He submits that the notice is not being issued as from the order, it appears that without any jurisdiction, transfer order has been passed. He further submits that the impugned order passed is illegal, bad in law and deserves to be quashed. 3. Learned State counsel opposes the submission made by counsel for the petitioners and submits that the impugned order has rightly been passed and requires no interference. 3 4. I have heard learned counsel for parties and perused the documents available on record. 5. Considering the facts and circumstances of this case and further considering the fact that power to pass such an order is vested upon Police Establishment Board, as such, the impugned order dated 23.02.2024 is hereby quashed. However, the respondent authorities are at liberty to pass appropriate orders while giving proper opportunity of hearing to the petitioner, in accordance with law. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Vishakha