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2026 DAILYLAW 37174 (CHH)

HRIDAY KUMAR TIRPUDE v. STATE OF CHHATTISGARH

WPS/6990/2026 · 2026-09-23

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010374072026 2026:CGHC:41516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6990 of 2026 Hriday Kumar Tirpude S/o Tulsi Ram Tirpude, Aged About 61 Years R/o- Currently Posted As Excise Sub-Inspector In The Office Of District Excise Officer At District - Mahasamund (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Principal Secretary Commercial Tax (Excise), Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G. 2 - District Excise Officer, District Mahasamund (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. T. K. Jha, Senior Advocate alongwith Mr. Rohan Kumbhare, Advocate For Respondents/ State: Mr. Shaleen Singh Baghel, Govt. Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24/09/2026 1. By the present writ petition, the petitioner seeks quashment of the impugned transfer order dated 16.09.2026 (Annexure P/1), SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.09.25 10:35:48 +0530 2 whereby he has been transferred from District Mahasamund to District Balodabazar-Bhatapara and also seeks a direction to the respondent authorities to consider and decide his pending representation dated 16.09.2026 (Annexure P/3), in accordance with law. 2. Learned Senior Counsel appearing for the petitioner submits that the petitioner is presently working as Excise Sub-Inspector in the office of the District Excise Officer, Mahasamund, and has only about ten months remaining before his retirement. He submits that Clause 3.12 of the State Transfer Policy, dated 05.06.2025, which is meant for various departments, provides that a Government servant having one year or less remaining for retirement may be posted in his home district or in the district of his choice, subject to the applicable provisions. He further submits that the petitioner has submitted a representation before the Excise Commissioner seeking cancellation of the impugned transfer order and posting at Raipur, but the same has not been considered till date. He, therefore, submits that the present petition may be disposed of with a direction to the respondent authorities to consider and decide the petitioner’s claim as well as the aforesaid representation in accordance with law and the relevant policy of the State Government. 3. Learned counsel appearing for respondents/ State submits that if the representation submitted by the petitioner is still pending consideration, the same shall be considered and decided in accordance with law and the relevant transfer policy. 3 4. I have heard learned counsel for the parties and perused the pleadings as well as the documents appended with the writ petition. 5. Considering the limited prayer made by learned counsel for the petitioner and also taking into account the submission made by learned State counsel, this writ petition is disposed of with a direction to the Commissioner, Excise to consider and decide the petitioner’s pending representation dated 16.09.2026 (Annexure P/3), in accordance with law as well as the relevant policy of the State Government. Though the said policy dated 05.06.2025 is meant for and stated to be applicable to employees of various departments of the State Government and is not specifically applicable to the employees of the Excise Department, however, as the policy contains provisions relating to employees of other departments, the competent authority shall consider the petitioner’s representation keeping in mind the provisions and intent of the said policy, and take an appropriate decision on its own merits, preferably within a period of 45 days from the date of receipt of a copy of this order. 6. Till such decision is taken, the effect and operation of the impugned transfer order dated 16.09.2026 (Annexure P/1), insofar as it relates to the petitioner, shall remain stayed. 7. With the aforesaid direction, the writ petition stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar