1 / 6 2026:CGHC:20532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3798 of 2026 Rajendra Kumar Tonde S/o Shri Sakharam Tonde Aged About 58 Years Post- Assistant Internal Audit And Taxation Officer, Janpat Panchayat Bilha, District Bilaspur (C.G.) R/o Bilha District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Department, Raipur, District Raipur (C.G.) 2 - State Of Chhattisgarh Through Under Secretary, Panchayat And Rural Development, Department, Raipur, District Raipur (C.G.) 3 - State Of Chhattisgarh Through Secretary, General Administration Department, Raipur, District Raipur (C.G.) 4 - Director Panchayat Panchayat Directorate, Vikas Bhawan, Raipur, District Raipur (C.G.) ... Respondents For Petitioner : Mr. Shakti Raj Sinha, Advocate For Respondent-State : Mr. Yashwant Singh Thakur, Additional Advocate General ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.05.05 11:52:58 +0530 2 / 6 Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 01.05.2026 Heard. 1. Petitioner has filed this writ petition seeking following reliefs. “(i) That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 16.02.2026 Annexure P/1. (ii) . That, this Hon’ble Court may kindly be pleased to quash the impugned transfer order dated 16.05.2025 Annexure P/2. (iii) That, this Hon’ble Court may kindly be pleased to direct the respondents to allow the petitioner to work in present place of posting as Assistant Internal Audit and Taxation Officer, Janpat Panchayat Bilha, District Bilaspur (C.G.). (iv) That any other order/relief which this Hon’ble Court may deem fit, proper, and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice.” 2. Learned counsel for petitioner submits that petitioner while working on the post of Assistant Internal Audit and Taxation Officer at Janpat Panchayat Bilha, District Bilaspur (C.G.) was transferred to Janpat Panchayat, Chindgadh, District Sukma, (C.G.) vide order dated 16.05.2025 (Annexure P/2). Petitioner has challenged the order of transfer by filing a writ petition bearing WPS No. 4310 of 2025 which was disposed of on 13.06.2025 vide Annexure P/3 directing the petitioner to submit a representation before the committee constituted under the Transfer Policy and in turn committee was directed to consider and take decision on the representation, keeping in mind 3 / 6 Clause 1.5, Clause 2.4 and Clause 2.5 of Transfer Policy dated 12.08.2022 as also the circular dated 12.06.2008 and 03.06.2015. The Court in the same order granted interim protection and directed to maintain the status quo by the parties. By virtue of that interim order, petitioner continued to work on the earlier place of posting and on the same post till 21.04.2026 i.e. the date petitioner is relieved by Chief Executive Officer, Janpat Panchayat, Bilha District – Bilaspur, after rejection of the representation on 16.02.2026. He further submits that the committee constituted under the Transfer Policy has not decided the representation submitted by petitioner in terms of the direction issued by this High Court in the said writ petition. The committee has considered the Transfer Policy of the year 2025 and not of 2022 and, further not taken into consideration the circular issued by the State Government on 12.06.2008 as also on 03.06.2015. Thereby, the decision of recommendation made by the committee is in contravention to the direction issued by High Court. 3. Learned counsel for the State submits that while disposing of the earlier writ petition filed by the petitioner, High Court has considered the clause of transfer policy which is only a guidance and it could not be read as a statute, and therefore, the decision taken by the committee recommending the claim of petitioner to be non-acceptable, does not call for any interference. 4. I have heard learned counsel for the respective parties, and also perused the documents enclosed along with this writ petition. 5. The transfer of the petitioner is vide order dated 16.05.2025 against which petitioner has filed writ petition bearing WPS No. 4310 of 2025 4 / 6 which was disposed of on 13.06.2025, operative portion of the said order passed in earlier petition is extracted below for ready reference:- “5.Considering the submissions made by learned counsel for the parties, and further considering the fact that represent of the petitioner is already pending before the Transfer Committee since 23.05.2025, in which the petitioner has raised all his grievances, the Transfer Committee is directed to take a decision on the said representation on its own merit keeping in view Clause- 1.5, 2.4 and 2.5 of the Transfer Policy dated 12.08.2022 and Circulars dated 12.06.2008 and 03.06.2015 positively, preferably within a period of 15 days from the date of receipt of copy of this order. Till then, status quo as on today shall be maintained by the parties with respect to transfer of the present petitioner. 6. The petitioner is directed to produce a copy of this order before the Transfer Committee within 7 days from receipt of a copy of this order.” 6. Bare perusal of the extracted portion of the earlier order passed in writ petition would show that High Court has in clear terms had directed to take decision on representation to be submitted by petitioner keeping in view the Clause 1.5, 2.4 and 2.5 of the Transfer Policy dated 12.08.2022 as also the circular issued by State Government on 12.06.2008 as also on 03.06.2015 positively. 7. The decision of the committee does not mention, consideration of two circular’s as mentioned by High Court in its order to be considered positively. The committee has also not considered the transfer policy dated 12.08.2022 but have considered the transfer policy of the year 2025 as mentioned in para no. 3 of impugned recommendation Annexure P-1 dated 16.02.2026. On the date of order of transfer, the 5 / 6 policy dated 12.08.2022 was in existence. The policy of 2025 has been published or floated by the State Government on 05.06.2025, i.e. after issuance of the order of transfer of petitioner. 8. In the aforementioned facts of the case without entering into the merits of the claim of petitioner, I am only considering whether, the committee constituted under the Transfer Policy has complied with the directives issued by High Court in its order dated 13.06.2025 in its words and spirit or not. 9. From the discussion as made above, as also the paragraph no. 5 of order of the High Court in the said writ petition and the decision of Committee vide Annexure P-1 would clearly show that the committee has not complied with the directives issued by Hight Court in its words and spirits. When there is an order of High Court directing to consider the representation taking note of particular circular and transfer policy, then the committee constituted under the transfer policy cannot go beyond the directions. In the facts of the case and manner in which decision on representation is taken by committee, recommendation made is not sustainable. The recommendation dated 16.02.2026 Annexure P-1 is hereby quashed and matter is sent back to Transfer Committee to consider the representation submitted by petitioner a fresh, strictly in accordance with the directives issued by the High Court in writ petition bearing WPS No. 4310/2025 passed on 13.06.2025 vide Annexure P/3. 10. The petitioner was protected by the order dated 13.06.2025 and therefore, relieving letter of petitioner is also quashed. It is directed that till fresh decision is taken by committee constituted under the Transfer Policy, petitioner shall be permitted to continue to work at Janpat 6 / 6 Panchayat, Bilha, District Bilaspur, Chhattisgarh on the post which he was working prior to his relieving.. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza