1 CGHC010381992026 2026:CGHC:42515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7196 of 2026 1 - Dr. Rakesh Kumar Singh S/o Late K. N. Rathore Aged About 52 Years Assistant District Excise Officer, Office Of Assistant Commissioner (Excise) Korba District Korba (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Commercial Tax (Excise) Department, Mantralaya, Mahandi Bhawan, Naya Raipur, District Raipur, C.G. 2 - Under Secretary Commercial Tax (Excise) Department, Mantralaya, Mahandi Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Commissioner (Excise) Naya Raipur Atal Nagar District Raipur (C.G.) 4 - Assistant Commissioner (Excise) District Korba (C.G.) 5 - Manoj Kumar Rathore, Assistant District Excise Officer Office Of District Excise Officer District Kabirdham C.G. ... Respondents For Petitioner : Mr. Mateen Siddiqui, Senior Advocate with Ms. Zainab Mustafa Vanak, Advocate. For Respondents/State : Mr. Vinay Pandey, G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 30/09/2026 1. By the present writ petition, the petitioner has prayed for following reliefs:- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.10.01 18:25:41 +0530 2 “10.1 That this Hon'ble Court may kindly be pleased to set-aside/ quash the impugned transfer order Dated 16.09.2026 issued by respondent Under Secretary, Commercial Tax (Excise) Department (Annexure P/1) in respect of petitioner. 10.2 To kindly grant any other writ/ writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner submits that, by the impugned order dated 16/09/2026, the petitioner has been transferred from the Office of the Assistant Commissioner, Excise District Korba, to the Office of the District Excise Officer, Gariyaband, as Assistant District Excise Officer. It is submitted that the transfer is being challenged on the ground that the petitioner has served for a substantial part of his service in a Scheduled Area and, therefore, his further transfer to a Scheduled Area is contrary to the transfer policy of the State Government dated 03/06/2015. Learned counsel for the petitioner further submits that the post at Gariyaband where the petitioner is transferred, is not lying vacant. In this regard, it is submitted that one Lalji Diwan, who was transferred from the post of Assistant District Excise Officer, Gariyaband, had challenged his transfer by filing WPS No. 7034/2026, vide Annexure P/10 dated 25/09/2026. The said petition was disposed of with an interim order staying his transfer from 3 Gariyaband to Kabirdham. Consequently, in view of the said interim order, no post is presently lying vacant at Gariyaband to accommodate the petitioner pursuant to the impugned transfer order. Learned counsel for the petitioner has further placed reliance upon the decision of the Division Bench of this Court in W.A. No. 549/2016 dated 14/12/2016 and submits that the petitioner may also be permitted to submit a representation before the Committee constituted for consideration of grievances relating to transfers. It is further prayed that the said Committee may be directed to consider and decide the petitioner’s representation within a stipulated period. 3. Learned counsel for the State, while opposing the submissions made on behalf of the petitioner, submits that, if the petitioner submits a representation before the Committee raising his grievance within the prescribed period, the Committee shall consider and decide the same within a further period of 25 days. 4. I have heard learned counsel for the parties, perused the documents and pleadings. 5. Having considered the submissions made by learned counsel for the petitioner that the petitioner has already served for the maximum part of his service in a Scheduled Area, in view of the circular issued by the State Government dated 03/06/2015, and also taking into consideration the judgment of the Division 4 Bench of this Court in W.A. No. 549/2016, the petitioner is granted liberty to approach the Committee constituted for redressal of the grievances of employees under the Transfer Policy by submitting a representation within a period of ten days from today. 6. In the event the petitioner submits such representation within the aforesaid period, the same shall be considered and decided by the Committee in accordance with the applicable Policy of the State Government. While considering the representation, the Committee shall also take into consideration the order passed by this Court in WPS No. 7034/2026, whereby an interim order has been passed in favour of Lalji Diwan, who was transferred from Gariyaband to Kabirdham, and consequently, the post at Gariyaband is presently not lying vacant. 7. Till the representation of the petitioner is considered and decided by the Committee, the effect and operation of the impugned order of transfer, insofar as it relates to the petitioner, shall remain stayed. 8. Accordingly, the present writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep