1 CGHC010148512026 2026:CGHC:42800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3404 of 2026 Nasiruddin Kadari S/o Kamuruddin Kadari Aged About 57 Years Posted As Secretary At Gram Panchayat Raikera, Janpad Panchayat Gharghoda, District Raigarh, R/o Behind Police Line, Gharghoda, Police Station Gharghoda, District Raigarh (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhavan, Mantralaya, Nava Raipur, Atal Nagar, Raipur (C.G.) 2. The Commissioner Bilaspur Division, Bilaspur (C.G.) 3. The Collector Raigarh District Raigarh (C.G.) 4. Zila Panchayat Raigarh Through Its Chief Executive Officer, District Raigarh (C.G.) 5. Janpad Panchayat, Gharghoda Through Its Chief Executive Officer, District Raigarh (C.G.) 6. Mehttar Chouhan Posted As Secretary At Gram Panchayat Dhoram, Janpad Panchayat Gharghoda, District Raigarh (C.G.) ... Respondent(s) For Petitioner : Mr. Roop Ram Naik, Advocate For Respondent/ State : Mr. S.S. Badgaiya, G.A. For Respondent No. 4 & 5 : Mr. Anil S. Pandey, Advocate For Respondent No. 6 : Mr. Soumitra Kesharwani, on behalf of Ms. Akanksha Verma, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 01/10/2026 1. By way of the present writ petition, the petitioner has called in question the order dated 22.01.2026 (Annexure P-2), whereby he, JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.10.01 16:16:18 +0530 2 while working as Secretary, Gram Panchayat Raikera, has been transferred to Gram Panchayat Dhoram. 2. The principal ground of challenge to the impugned order of transfer is that the same has been passed with mala fide intention. Learned counsel for the petitioner submits that, vide communication dated 12.01.2026, the petitioner had requested the Chief Executive Officer, Janpad Panchayat, to issue necessary directions to the Sarpanch, Gram Panchayat Raikera, for payment of an amount of Rs.5,68,300/- towards the pending dues for material supplied for works executed in the Gram Panchayat. It is submitted that, immediately thereafter, the impugned order of transfer has been passed. 3. Learned State counsel as well as counsel appearing for Respondent No. 4 5 submits that the transfer of the petitioner has been made purely on account of administrative exigency and there is no illegality in the impugned order. It is further submitted that although the transfer order was passed on 22.01.2026, the petitioner has, till date, not joined at the transferred place of posting. 4. Heard learned counsel for the parties and perused the pleadings and material available on record. 5. From the facts brought on record, it is evident that the impugned order of transfer dated 22.01.2026 has been passed by the Chief Executive Officer, Zila Panchayat. It is also not in dispute that the petitioner has not joined at the transferred place till date. 3 6. The petitioner has sought to attribute mala fides to the impugned order on the ground that he had earlier addressed a communication dated 12.01.2026 regarding payment of Rs.5,68,300/- to the Sarpanch, Gram Panchayat Raikera. However, the said communication was addressed to the Chief Executive Officer, Janpad Panchayat, whereas the impugned order of transfer has been passed by the Chief Executive Officer, Zila Panchayat. Thus, the material placed on record does not establish any nexus between the aforesaid communication and the impugned order of transfer. 7. It is well settled that transfer is ordinarily an incidence of service and interference by the Court is warranted only where the order is shown to be vitiated by mala fides, passed by an incompetent authority, or suffers from some other demonstrable illegality. In the present case, no specific or substantiated allegation of mala fide has been established against the authority which has passed the impugned order. 8. In the absence of any material establishing mala fide or any other illegality in the impugned order, this Court finds no ground to interfere with the order dated 22.01.2026. 9. Accordingly, the writ petition is dismissed. SD/- (Bibhu Datta Guru) JUDGE Jyoti