-78 ^5cT?:ZTpnolRT, tp-al1<i<i<»,Rrti<<iy< . ^ P(SJ)JO 639o/o^ *i 1*101 apTi^ ^ TF^200 3IT^9T (WP (^clijd^) OT^^Tc^Tf^Tfcp ^T^n^^T^Hf^ ?^T^R;?Tf^T3TT^$T cpi<(fc')41vi +ii+ic')T'^fcL<3 ^fyi^-ci'< ^3rt^T3TI^?T (Sinole Bench; Hon'bfe Mr. Justice bhirendra Mishra) W.P. rs1 No.6396/2008 (Petition U/A 2|26 of Constitution of India) PETCTCONER RESPONbENTS Vs Ha|rish Kumar Shrivastava, son of Late A.^. Shrivastava, aged about 53 years, Peil'sonal Assistant in the office bivisional Fo^est Officer, South Sarguja, Anl 1. bikapur (CG) 2. 3. 4. 5. State of Chhattisgarh, Through Secretary/bepartment of Forest, DKS ?hawan, Mantralaya, Raipur, Distt. ^aipur. Fhe Chief Conservator of Forest, ^aipur. Fhe Conservator of Forest, Sarguja ^ircle, Airbikapur (CG) Fhe bivisional Forest Officer, South Sarguja Forest bivision, Ambikapur. rhe Eiection Commission of India t-hrough Secretary Nirvachan Sadan ^shoka Road, New Delhi Pin 110001. ^hief Electoral Office, State of ^hhattisgarh, Indravati Block, \Aantralaya, Raipur (C&) Present: Mr. Shailendra Dubey, Advocate f( Mrs. Smita Ghai, Panel Lawyer for ft'he State. <trt r the petitioner. l^. li^ .crl:"\ S 1.^^-lc-78 l'<€lr<^f.J~ "^a^ ^SBf -qi^ic)^, U>TH1<1<1<?, RlrtlXI^ *1Hrtl ^'nq? OT^^Tcinf^Tfc^ cT2TT3Tr^5T^m^ ^^jU^- 3n^?T IWP (^cii^dcei) ^200 ^pn^R ^%?T 3n^$T -Z-" 17.11.2008 Heard. This petition is directed| the respondent No.l has posted as Personal Assistant Ambikapur to the office of] Ambikapur. Learned counsel for the 4 herein have already recomm| the petitioner vide Annexure relieved from his present pl( force of moral Code of also the petitioner could not Election Commission. He petition at this stage, however,] before the respondent No.l Annexure P-1 and further consider and decide the same w Mr. Thakur, learned be| State submits that in case the transfer order before respondi decided within a period of thn ade Conductl due further prays <Dl^fc*>4^T1 +1MC^T^Tsl<i ^'<-CI<< ^ 3Tf^T 3TT^^T [against the order dated 7.7.2008 whereby trarlsferred the petitioner, who is presently l-o b.F.O., South Sarguja Forsst bivision, Conservator of Forest, Surguja Circle, ^etitioner submits that respondent No.3 & ^nded for cancellation of the transfer of |)-3 <& P-4 and therefore, he has not been lac|e of posting. Further, after coming into to deciaration of election in the State |be relieved without the consent of the submits that he is notpressing this |he prays for liberty to file representation (igainst the impugned transfer order of for a direction to respondent No.l to (thin specified period. ^uty Advocate General appearing for the Ipetitioner files representation against his l^nt No.l, the same shall be considered and ^e vyeeks from the date of receipt of the [i€ffy%^.7Q ^^' ".^•£-l^ ^cT^znznc'^, u>-al<(i<i<?, fcipnTrg^ *1 l*iwi ^TT^ 3TT^$T q^P (l3crf^c^) ^200 3TT^^Tc?nf^Tfcp ^T^n^^T^^t^ i I. ^ ?^rT^^rftcT3n^$T -^. representation and till his relieved from his present place) In view of the above sub^ with a direction to the petiti^i grievances raised in this petitio|i from today. On receipt of suc\\ consider and decide the samel period of three weeks and till| from his present place of postir|g In view of above order, I[ Certified copy as per rul4 rebre^entation is decided he shall not be |of posting. |Tiission, the instant petition is disposed of |ner to file representation, raising all the |n, before respondent No.l within one week representation, the respondent No.l shall in accordance with law within a further |then the petitioner shall not be relieved <pi^fc')<I1Ti +II+IC')T^TSI<I ^FJI^I^ ^ 3Tf^T 3TT^$T A. No.l stands disposed of. s. Sd/- Dhirendra Mishra Judge ir-