-1- 2026:CGHC:16344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3027 of 2026 Vivek Tripathi S/o Shri Triloknath Tripathi Aged About 46 Years (Deputy Director Prosecution), R/o E-4, Judges Colony, Near Nutan Chowk, Sarkanda, Bilaspur, P.S. Sarkanda, Tahsil And Distt. Bilaspur, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, P.S. And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - Director Directorate Of Public Prosecution, Indravati Bhawan, Block No. 03, 4th Floor, P.S. And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. … Respondent(s) WPS No. 3030 of 2026 Kunwar Ratnesh Singh S/o Late Shri Bansh Lochan Singh, Aged About 47 Years (Assistant Director Prosecution) R/o Sector No. 27, Block No. 24, Quarter No. 504, Nawa Raipur, P.S. And Post- Rakhi, Tahsil And Distt.- Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan, Mantralay, Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Director, Directorate Of Public Prosecution, Indravati Bhawan, Block No. 03,4th Floor, Police Station And Post- Rakhi Atal Nagar, Nawa Raipur, District- Raipur (C.G.) … Respondent(s) -2- For Petitioners : Mr. Abhishek Pandey, Advocate. For Respondent/State : Mr. Gary Mukhopadhyay, Addl. A.G., along with Mr. Hariom Rai, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order on Board 09 /04/2026 Heard. 1. The petitioner in WPS No. 3027/2026 has filed this writ petition seeking following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. 10.2 That this Hon'ble Court may kindly be pleased to set aside/quash the impugned deputation order dated 24.03.2026 (Annexure P/1) passed by respondent No.1/Secretary, Department of Home, Raipur only in relation to the petitioner whereby he has been sent on deputation from the office of Dy. Director, Department of Public Prosecution, Korba to ACB/EOW, Raipur. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to post the petitioner or continue his services in his previous place of posting i.e. office of Dy. Director, Department of Public Prosecution, Korba. 10.4 That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation. 2. The petitioner in WPS No. 3030/2026 has filed this writ petition seeking following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. 10.2 That this Hon'ble Court may kindly be pleased to set aside/quash the impugned deputation order dated 24.03.2026 (Annexure P/1) passed by respondent No. 1/Secretary, Department of Home, Raipur only in relation to the petitioner whereby he has been sent on deputation from the office of Respondent no. 2/ -3- Directorate, Public Prosectuion, Raipur to ACB/EOW, Raipur. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to post the petitioner or continue his services in his previous place of posting i.e. office of Respondent no. 2/Directorate, Public Prosecution, Raipur. 10.4 That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation. 3. In WPS No. 3027/2026, learned counsel for the petitioner submits that the petitioner is holding the post of Deputy Director Prosecution and is presently posted at the District Prosecution Directorate, Korba. In WPS No. 3030/2026, learned counsel for the petitioner submits that the petitioner is holding the post of Assistant Director posted at the Directorate of Prosecution, Public Prosecution, Chhattisgarh. Vide order dated 24.03.2026 (Annexure P/1), they have been transferred to the office of the Deputy Director Prosecution and the Assistant Director Prosecution respectively in Economic Offences Wing (EOW) and Anti-Corruption Bureau (ACB), Raipur, Chhattisgarh. It is contended that though the State Government may post an officer from one department to another, if such posting is outside the cadre, it can only be done by way of deputation and in accordance with due process of law. In the present case, no order of deputation has been issued and no procedure prescribed for deputation has been followed. It is further submitted that there is only one post of Deputy Director Prosecution at EOW, Raipur, which is already occupied by Ms. Suman Ekka, and similarly, there are only three sanctioned posts of Assistant Director Prosecution at EOW, Raipur, all of three are already filled by Mr. Santosh Rai, Mr. Rajeev -4- Dubey, and Mr. Sidharth, and thus, no vacant posts are available for accommodating the petitioners. 4. Per contra, learned State Counsel opposes the submissions made by learned counsel for the petitioners and submit that, considering the exigency of work, the petitioners have been posted at EOW/ACB, Raipur. It is, however, not disputed that the impugned order is an order of transfer. It is further submitted that the petitioners have an alternative remedy of submitting representations before respondent No. 1. 5. Heard learned counsel for the parties. 6. On perusal of the impugned order (Annexure P/1), it appears on the face of it to be an order of transfer and it cannot be termed to be an order sending the petitioners on depution. 7. The contention of learned counsel for the petitioners is that the department in which the petitioners are presently serving and the department to which they have been transferred are two different departments. 8. In the aforesaid facts of the case, since the petitioners are serving in the Directorate of Prosecution and have been transferred to EOW/ACB, which is a different department, such posting could be made only by way of deputation. However, no such order of deputation has been passed by respondent No. 1. At the same time, the petitioners have not placed any document before this Court to demonstrate that they have approached the competent authority by way of representation raising the grounds as raised in the present writ petitions. -5- 9. In view of the above, instead of keeping the writ petitions pending and seeking reply from the respondents, I find it appropriate to dispose of the present writ petitions at this stage by permitting the petitioners to submit fresh representations before respondent No. 1, raising all the grounds raised in these writ petitions, within a period of two weeks from today. In the event such representations are submitted, the concerned authority shall consider and decide the same in accordance with law, expeditiously, preferably within a further period of six weeks from the date of receipt of a copy of this order. 10. Till a decision is taken on the representations, effect and operation of the impugned order of transfer dated 24.03.2026 (Annexure P-1) shall remain stayed. 11. With the aforesaid observations and directions, the present writ petitions stand disposed of. Sd/- (Parth Prateem Sahu) Judge Jyoti