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2026 DAILYLAW 4266 (CHH)

GHANSHYAM SINGH THAKUR v. STATE OF CHHATTISGARH

WPS/2921/2026 · 2026-03-31

Shri Parth Prateem Sahu

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Judgment text

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1 2026:CGHC:14981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2921 of 2026 1 - Ghanshyam Singh Thakur S/o Late Shri Kamal Singh Thakur Aged About 43 Years At Present Posted On The Post Of Forest Guard, Range Uttar Bortalav, Udrichhapar Paschim Beat, Forest Division, Rajnandgaon, District- Rajnandgaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Forest And Climate Change Department, Mantralaya, Nawa Raipur, Post And P.S. - Rakhi, District- Raipur (C.G.) 2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector-9, North Block, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division, Rajnandgaon, District- Rajnandgaon, Chhattisgarh. --- Respondent(s) (Cause title is taken from CIS system) For Petitioner : Mr. Keshav Dewangan, Advocate For Respondents/State : Ms. Anuja Sharma, Dy.G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 01/04/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 To call for the records of the case for kind perusal of this Hon’ble Court. 10.2 To issue an appropriate writ or order and declare that impugned transfer order dated 23.07.2025 (Annexure P-1) and rejection order dated 30.12.2025 (Annexure P-2) are illegal and bad. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 10.3 To issue an appropriate writ or order and to quash the order dated 23.07.2025 (Annexure P-1) and rejection order dated 30.12.2025 (Annexure P-2). 10.4 That, this Hon’ble Court may kindly be pleased to allow this petition and permit the petitioner to continue his services in his original place of posting i.e. Forest Guard, Range Uttar Bortalav, Udrichhapar Paschim Beat, Forest Division- Rajnandgaon (C.G.). 10.5 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Learned counsel for petitioner submits that petitioner is posted as Forest Guard in Forest Division, Rajnandgaon is transferred to the Forest Division Kawardha vide order dated 23.07.2025. Petitioner has earlier challenged the order of transfer by filing WPS No.9089 of 2025, which was disposed of vide order dated 05.08.2025 with a direction to petitioner to submit representation before the Committee constituted under transfer policy and till the decision on the representation, interim protection of no coercive steps, has been granted. Petitioner submitted representation, however, the Committee constituted under transfer policy has rejected the representation and hence, this petition is filed. He submits that the Committee has not considered the grounds raised by petitioner in appropriate manner particular the ground of suffering of his mother from medical ailment and rejected the same . 3. Learned State counsel opposes the submission of learned counsel for petitioner and would submit that the order of transfer is on administrative ground. Along with petitioner as many as 85 other Forest Guards have been transferred from one place to another. She contented that earlier the ground of studies of the daughter of petitioner has been taken and considering that interim protection was 3 granted. Now academic session has been over, therefore, there is no exceptional ground available to petitioner to interfere with the order of transfer. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. Facts and circumstances of the case shows that petitioner has been transferred along with 85 other Forest Guard from which it is appearing that order of transfer of petitioner is on administrative ground. Petitioner is holding transferable post, transfer is exigency of service. Hon’ble Supreme Court in case of Shilpi Bose (Mrs.) & Ors Vs. State of Bihar & Ors, reported in (1991) Supp. 2 SCC 659, considering the issue the interference of Court in the transfer matter held as under :- “4. In our opinion, the Courts should not interfere with a transfer Order which are made in public interest and for administrative reasons unless the transfer Orders are made in violation of any mandatory statutory Rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer Orders issued by the competent authority do not violate any of his legal rights. Even if a transfer Order is passed in violation of executive instructions or Orders, the Courts ordinarily should not interfere with the Order instead affected party should approach the higher authorities in the Department. If the Courts continue to interfere with day-to-day transfer Orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not be conducive to public interest. The High Court 4 over looked these aspects in interfering with the transfer Orders.” 6. Considering the aforementioned facts and circumstances of the case and also the decision of Hon’ble Supreme Court in case of Shilpi Bose (Mrs.) (supra), I do not find any good ground to interfere with the decision of transfer Committee as also with order of transfer. The writ petition being devoid of substance, it is liable to be and it is hereby dismissed. Sd/- (Parth Prateem Sahu) Judge Balram