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2026 DAILYLAW 492 (CHH)

OMPRAKASH TANDAN v. STATE OF CHHATTISGARH

WPS/909/2026 · 2026-01-27

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:4625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 909 of 2026 • Omprakash Tandan S/o Rohan Prasad Tandan Aged About 42 Years Occupation - Assistant Grade-III, R/o House No. 34, Ward No. 12, Village Lakhuwadih, Post - Baoli, Distt. - Mungeli Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax, Mantralay, Mahanadi Bhawan, New Raipur, Tahsil And District - Raipur Chhattisgarh 2. Commissioner State Tax Department, O/o Commissioner, State Tax, Cbd Building, Tower A, Sector 21, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh 3. Joint Commissioner State Tax, Bilaspur Division, O/o Joint Commissioner Of State Tax, Bilaspur Division, Commercial Tax, - Gst Bhawan, Yadunandan Nagar, Bazaar Chowk Tifra, Bilaspur, Distt. - Bilaspur Chhattisgarh 4. Asst. Commissioner Of State Tax Gpm Circle, Gst Bhawan, Bazaar Chowk, Yadunandan Nagar, Tifra, Bilaspur Distt. Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Anchal Kumar Matre, Advocate For Respondent-State : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction, thereby quash the impugned transfer order dated 06.11.2025 (ANNEXURE P-1), insofar as it relates to the petitioner at Serial no. 102 of the list contained in the impugned order. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction, thereby declare that transfer of the petitioner outside the division is illegal and contrary to cadre rules. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction, thereby directing the respondent authorities to consider the representation filed by petitioner sympathetically and keep his posting still at Bilaspur. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. Learned counsel for petitioner submits that the petitioner who is working as Assistant Grade-III is transferred from the office of Assistant Commissioner, State Tax, Bilspur Circle-3 to the office of Assistant Commercial, State Tax, Jashpur circle. He submits that petitioner holds the post of divisional level and therefore he cannot be transferred out of the circle. Petitioner has submitted representation before Respondent No.2 against the order of transfer raising all the grounds as raised in this writ petition and therefore direction be issued to Respondent No. 2 to take decision on the representation at the earliest. 3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner seeking direction to take decision on the representation, she is having no objection to the limited prayer. She however submits that in the facts of the case, where the order of transfer is issued by the State, the appropriate authority to consider representation would be Respondent No. 1. 4. At this stage, learned counsel for petitioner submits that petitioner may be permitted to submit fresh representation before Respondent No.1 and the Respondent No. 1 further be directed to consider and take decision on the same at the earliest within specified time frame. 5. On due consideration of the submission of counsel for the parties, considering the nature of grievance raised in this writ petition, without entering into merit of the case, this writ petition is disposed at this stage, permitting the petitioner to submit fresh representation before Respondent 3 / 3 No. 1 raising all the grounds as raised in this writ petition and if such a representation is submitted Respondent No. 1 shall take decision on the representation to be submitted by petitioner, in accordance with law, expeditiously, preferably within a further period of 06 weeks from the date of receipt of representation. 6. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) pwn JUDGE