1 CGHC010371402026 2026:CGHC:41319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6953 of 2026 Smt. Shabana Parveen Khan W/o Meraj Ahmad Khan Aged About 46 Years Presently Posted As In - Charge District Manager, District- Office Khairagarh, Chhattisgarh State Civil Supplies Corporation Limited District- Khairagarh- Chhuikhadan - Gandai (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Food And Civil Supplies And Consumer Protection , Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Chhattisgarh State Civil Supplies Corporation Limited, Through The Managing Director Block No. 7-A Ii Sector- 24, Office Complex Atal Nagar, Nava Raipur, District- Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Manoj Paranjpe, Senior Advocate along with Shri Kamlesh Patel, Advocate For Respondent/State : Shri S.S. Baghel, Govt. Advocate For Respondent no. 2 : Shri Syed Majid Ali, Advocate SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.09.23 17:54:46 +0530 2 Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 23.09.2026 1. By way of present writ petition, the petitioner has prayed for following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ and quash/set aside the Impugned Order No. 1/633734/2026-ESTB/33655/2026- FOOD dated 13-09-2026 (Annexure-P/1) issued by the office of the Respondent No. 1, as far as it relates to the Petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to allow the Petitioner to continue working peacefully at her present place of posting i.e., In-charge District Manager, District Office Khairagarh. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner together with cost of the petition. 2. Learned counsel for the petitioner submits that vide order dated 10.09.2026 (Annexure P/3), the petitioner, was transferred from the post of Manager (Administration), District Narayanpur, to the post of In-charge District Manager, 3 Khairagarh. Pursuant to the said transfer order, the petitioner stood relieved from District Narayanpur and duly joined at Khairagarh on 11.09.2026 (Annexure P/5). However, subsequent to the petitioner's joining, the State Government passed the impugned order dated 13.09.2026 (Annexure P/1) under the purported exercise of powers conferred by Rule 47(2) of the Chhattisgarh State Civil Supplies Corporation Limited Conduct, Discipline, Appeal and Service Recruitment Rules, 2021, thereby cancelling the transfer order dated 10.09.2026. 3. Learned counsel for the petitioner, by referring to Rule 47(2) of the said Rules, contends that no such power or authority is vested in the State Government to interfere with the transfer/posting orders of employees of the Civil Supplies Corporation. It is further submitted that the competent appointing authority of the petitioner is the Board of Directors of the Chhattisgarh State Civil Supplies Corporation Limited, and the State has not been empowered to interfere with transfer orders passed by the Corporation. Moreover, once an order of transfer has already been executed by way of joining of the employee, the same cannot be subsequently amended, 4 modified, or cancelled. Hence, the impugned order dated 13.09.2026 (Annexure P/1) is completely without jurisdiction, contrary to the governing rules, and liable to be quashed. 4. Per contra, learned State counsel supports the impugned order, submitting that the State Government is empowered to cancel or interfere with the transfer orders of the Corporation, as the Corporation is an instrumentality/entity of the State Government. 5. Learned counsel for the Respondent/Corporation submits that as per Rule 28 of the Rules of 2021, the Managing Director of the Corporation is the sole and absolute authority to deal with the service areas, postings, and transfers of the employees of the Corporation, and therefore, the initial order passed by the Corporation was just and proper. 6. I have heard learned counsel for the parties and perused the impugned order dated 13.09.2026 (Annexure P/1) as well as the relevant records. 7. It is not in dispute that the impugned order dated 13.09.2026 was passed by the State Government cancelling the transfer order dated 10.09.2026, which had already been executed upon the petitioner joining the post of In-charge District 5 Manager at Khairagarh on 11.09.2026. It is a settled principle of law that once a transfer order is acted upon and executed, any subsequent modification or cancellation thereof is impermissible in the eye of law. Furthermore, the provision invoked by the State Government namely Rule 47(2) of the Rules of 2021 does not empower the State to interfere with the internal transfer, posting, and service matters of the employees of the Corporation. 8. In view of the aforesaid legal and factual position, the impugned order dated 13.09.2026 (Annexure P/1), whereby the validly executed transfer order dated 10.09.2026 has been cancelled by the State, is hereby quashed. The petitioner shall be permitted to continue to work on the post of In-charge District Manager, Khairagarh in pursuance of her joining dated 11.09.2026. 9. Accordingly, the writ petition stands allowed to the above extent. Sd/- (Bibhu Datta Guru) Judge shoaib