Cg $5Mi§§££ @E?éi3H CD IN THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) w. P. (S) NOSLMY of 201 1 (W, PETITIONER : Rajesh Tiwari, aged about 38 years, S/ o Late Shri Jeevan Prasad Tiwari, working as Panchayat Secretary, Gram Panchayat, Ghuturkundi, R/o Village—Bharevapara, Post— Dullapur, Tahsil—Pandaria, District-Kabirdham, (C.G.) VERSUS RESPONDENTS :1.” State of Chhattisgarh, through the Secretary, Panchayat Department, D.K.S. ‘ 4. /Gram Panchayat Somnapur (Naya), Post—Dullapur, through the Secretary, Block~Pandaria, y District—Kabirdham (C.G.) 5. Maheshram Banjare, Panchayat Karmi, posted at Gram Panchayat, Ghuturkundi, Block— Pandaria, District—Kabirdham (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Bhawan, Raipur (C.G.) $x£w (2‘9\\‘_.:t"'. try /Zila Panchayat, Kabirdham, through the Chief Executive Officer, District—Kabirdham (C.G.) 3. /Chief Executive Officer, Janpad Panchayat, Pandaria, District- Kabirdham (C.G.) XI-HCm—7 8 W:.€.(fZM§vqV/1 Wt 200 31mm (Wm mmm ammm WWW WW§1EQWW $aif<mam§¥l SB : Hon'ble Shri Manindra Mohan Shrivastava J. 16-09-201 1 Shri Prateek Sharma, counsel forthe petitioner. Shri Arun Sao, Government Advocate for the State/respondent No.1 on advance copy. Heard. Learned counsel for the petitioner submits that vide order dated 15-07-20“ (Annexure P-1), the pe itioner has been transferred from Gram Panchayat, Ghuturkundi, Block Pa dariya to Gram Panchayat Somnapur New, Block Pandariya. It is submitt d that despite transfer order passed by the Chief Executive Ofhcer, Zila Pa chayat, Kabirdham, the petitioner is not being relieved. A notice was also g ven by the petitioner on 03-09-2011 to the Chief Executive Ofhcer of Co rolling Janpad Panchayat, Pandariya, but, till date, he has not been reliev d. ln the absence of there bein any stay or modification of the order of transfer was passed, the sub-ordin te authority to the transferring authority are duty bound to act in complianc of the order. lf the petitioner has been transferred and the competent aut ority has not stayed or moditied that order, the Chief Executive Officer f Janpad Panchayat as well as Gram Panchayat are bound to act in a dance with the order. Therefore, the petitioner should be relieved from h present place of posting to join at the new place of posting as per transfer order dated 15-07—2011. With the aforesaid observati , the petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge c r o