tHC-22 sn^r^i h-u* snisr ?t)-H ^ti^I ^ ^^ •^i'iiid'4, yifl'y'id. fawi'w^ sn^yr "ra^ WNwrch*ii<o^CS2...M^.. "^I. 200 ftreqy' CT^I'S^IIWHfta Petitioner Versus SL Bag4e, aged about 57 years, S/o Late Shri TR Ba^de, (Paachayat & Social Education Oi^aniz^r) working at Churiya, Janpad Paacha^at Churtya, Distnct Rajnaudgaon (CG), q/o Quarter No.51, Labour Colony, Tulsiput, Ward No. 15, Rajnandgaon, Tahsil & District pajnandgaon (CG) Respondeafcs 1. 2. State of| Women Welfare (CG) Directorl Departntent Bhavaa, 3. Deputy Welfare, 4. Chief E Churiya Writ Detitioa under ArticIeJ326^of S.B. Hon'ble ShrLDhurendra Misht 12.12.2008 Shri K.N. Swarakar, learaetl ShriArtm Sao, learaed 04 (A(inex This is the third rouad ofl(tigatiou. The petitioner has ffled fhj Aauexure P/11 dated 6.9.2008 ^ ti-ansfer order dated 5.7.2008 respondent No. 1. Learaed counsel for ftie pi( ou fhe ground that in piu-suani] petitioner, who is working as ^ *wf<-)41'i t||t|cff 4 fttzt <Riits;i< ^3lPOT3]I^T Chliattisgarh, Ttirough fhe Secretary, and Child Developnient and .Social Department, DKS Bhawan, Raipur Panchayat and Social WeUare Mahanadi Khand Maatralay Raipur (CG) Director, Panchayat and Sociat District Rajnandgaon (CG) secutive Oflicer, Jaapad Panchayat, District Rajnaadgaon (CG) _the Constitutlon of India a. J counsel for the petitioner, for the State. s iastant petition agamst the order of I'hereby his representation agaiast Iiis :ure P/5) has been rejected by the stitioner has filed fhe iastaat petition :e of the order dated 29.6.2007, the ocial Education Orgaaizer joined his t^f~~~~ .rfs»sr"3 •.ss" .^^- /•^^. "^ lf<C..,^. 't %il:;aaxft ,1 'iill^ftXSHC-22 i .., J i '%1. uiw-'.{'' ,ii' e! ^y 3T^?[qiT ft(-<i+ sn^i Sft+li=t) ^f^CT ^ •ra -i<iiiici'><, tiTil'y'iii. (6«ni'Ma< sw^i 'q^ra? (^fcs^ 6?if 111CTI St)*<|ch "WI, 20ff? f^^T' sii^r^greT^rf^T services at Jaupad Paachayat, Cl|iuriya, Distt. Rajnaadgaon. However, vide transfer order dated 5.7.20C Jaapad Paachayat, Kharsiya, Dis monfhs. It has been also stated suffering iroiii serious heart apiaents. His earUer petition was disposed of by this Court vide or P/9) with Uberty to the petitionei subinits that represeutation of rejected by the respondents witho but also a condition of service. N place or place of his choice. The cfil4?^l4l*'f 'RFI^ff"? fs11^ <I^l-^.l< ^?3lfigJT 311^1 '8, he has been again tTaasferred to tt. Raigarh within a short span of 13 ia the petition that fhe petitioaer is ler dated 24th July, 2008 (Annexure to inake representation against his transfer order and the responi|lents were directed to decide the represeutation withia a period of l|wo nionfhs fi'oni the date of receipt of i^presentation. Shri Swanikar, learaed c^unsel appeariag for the petitioner fhe petitioner has been sununarily -it assigniag aay reason. I have heard leamed couus^l for the petitioner on admissiou. It is setfled law that traasf^r is aot oiily aa iucidence of service 3 Qovenunent servant or employee of a Public Uudertakiag has auy leg^l right to be posted at aay particular Court should ordinarily not iuterfere ia exercise of discretionary jurisd|iction of fhe State iu fhe matters of traasfer under Article 226 offhe Cfonstitution of India unless the Court fiiids that eifher the order is m.ali such traasfer, or fhat fhe aufhorjties, who issued the transfer orders, were not coinpetent authority to p |ide or that fhe service rules prohibit ass such orders. The Courts should ordiQarily uot interfere wifh fhe ta'^asfer order ualess fhe transfer order is issued arbitearUy or malafidejly or ia violation of aay operative guidelines or fhe rules goveraiug t|he tTaasfer. ^ -HC-22 sii^r^i R;-<i.'* 311^1 ^)^ ^lf?CT wwir -s^ •^w\v}ti, isfllwis, Roni'yy 3TRf?T •q?ra? ^Ad^02...6..i2y.."ff% 200% •^^ET' aii^r ^aiwgfecT 3 Thus, having regard to fhe appears to be no ground for iate^fereuce jurisdiction under Article 226 impugned transfer order of the disnussed at the adinission stage df cfi|^I(vpi)ITl ^M<ll''? fs^ <fat+ri.R ^SlPaHSIT^I |above setded prmciple of law, there by this Court ia exercise of the Constitution of India ia the p^titioner. Accordingly, fhe petitiou. is itsetf. — — ——— Sd/- Dhirendra Mishra Judge ^f