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2026 DAILYLAW 21373 (CHH)

SUNIL KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/4435/2026 · 2026-06-14

Shri Bibhu Datta Guru

Public Interest Litigationbody2026

Judgment text

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1 2026:CGHC:23740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4435 of 2026 1 - Sunil Kumar Sahu S/o Late Pardeshi Ram Prasad Jaiswal Aged About 33 Years Child Development Project Officer Integrated Child Development Project - Daundi Lohara, District -Balod (C.G.) R/o Village Devri, Post Khursuni, Tahsil And Police Station Arjundaa, District Balod, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Under Secretary Women And Child Development Department, Nava Raipur , District -Raipur , (C.G.) 2 - Director Women And Child Development Department, Indrawati Bhawan, Atal Nagar Raipur , District -Raipur , (C.G.) 3 - District Program Officer Women And Child Development Department, District Balod, Chhattisgarh 4 - Collector, District -Balod, (C.G.) ... Respondents For Petitioner : Mr. Vikrant Pillai, Advocate. For Respondents/State : Ms. Anuja Sharma, Dy. G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 15/06/2026 1. By way of the present petition, the petitioner is challenging the AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.06.16 16:41:20 +0530 2 transfer order dated 20/05/2026, whereby the respondent No.1 transferred the petitioner from Integrated Child Development Project, Daundi Lohara, District Balod to Integrated Child Development Project, Bagicha, District Jashpur. 2. Learned counsel for the petitioner submits that the petitioner has been appointed to the post of Integrated Child Development Project Officer- Daundi Lohara, District- Balod (C.G.) and he is on probation period. During his probation period, the respondent No. 1 has passed the impugned transfer order and transferred the petitioner from Integrated Child Development Project- Daundi Lohara, District Balod (C.G.) to Integrated Child Development Project- Bagicha, District Jashpur (C.G.). Learned counsel further submits that the order of transfer is contrary to the Clause 6.1 enumerated in the transfer policy dated 05/02/2025 which prohibits any transfer during the period of probation. 3. Learned counsel for the State, referring to paragraph 8 of the reply, submits that there was only one sanctioned post of Child Development Project Officer at Daundi Lohara, District Balod, against which two persons were posted and discharging duties, thus, looking to the administrative exigencies, the impugned order of transfer has been passed, which is just and proper. 4. I have heard learned counsel for the parties, perused the 3 pleadings and transfer policy dated 05/02/2025. 5. Clause 6.1 of the Transfer Policy dated is reads as under:- “ परीविक्षाधीन अधिधीकारी/ कार्मचारिरीयों का स्थानतरीण नहीं विकायों जागा।.” 6. In the present case, the petitioner, who is still on probation, has been transferred from the Integrated Child Development Project, Daundi Lohara, District Balod (C.G.) to the Integrated Child Development Project, Bagicha, District Jashpur (Chhattisgarh). This transfer violates Clause 6.1 of the transfer policy dated 05.02.2025, which prohibits transfers during the probation period. 7. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the Transfer Policy, this Court finds that the petitioner has been transferred during the period of probation, which is contrary to Clause 6.1 of the Transfer Policy prohibiting transfer of probationary employees. Consequently, the impugned transfer order dated 20.05.2026 is liable to be and is hereby quashed. 8. Accordingly, the writ petition stands allowed. SD/- (Bibhu Datta Guru) Judge Amardeep