a'EX^ s^ ^. ^•^"^?f^:""""" ^^^•^' *^-"" IN THE HON*BLE HIGH COURT OF CHHAmSGARH, BILASPUR (C.G.) WmT PETITION N0.^/2005 PETITIONER /" RESPONDENTS VERSUS 1. Tapas Mukherjee S/o late Shri N.C. Mukherjee, aged about 45 years, working as an Assistant Professor, at Governnient College, Bhilai-3 Bhilai, District Durg (C.G.) State of Chhattisgarh, Through- the Secretary, Department of Higher Education, D.K.S. Bhawan, Raipur (C.G.) WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WMT/WRITS, ORDER/ORDERS, OR/AND DIRECTION / DIRECTIONS IN THE NATURE QF MANDAMUS/CERTIORAm, OR OF ANY OTHER APPROPRIATB NATURE, XI-HC-22 37T^T'^T h^ ^^ ^FTRW^tn g .^ -o 'T^f ^WM^, ^Til<i<i<o, f®Kni<iy 3H^T XI^^ HW^{[ ^rKlch •M 200 •l^re^T' 3TI^T ^<irw ^rf^T (Sinale Bench; Hon'ble Mrl Writ Petitiori (Petition under Art.226 <& PETTTIONER <=bl^?d4l'1 ^l^ldT"? f^zt <^i^i< ^3rf^PT3^T ^JustLce bhirendra Mishra) No. 5982/2005 ^27 of Constitution of India) Tapas Muk(ierjee, S/o Late Shri N.C. Mukherjee, aged aboul) 45 years, working as an Assistant Professor, bistrict Durfg (C.G.) Verj RESPONbENTS 06.12.2008 State of (\ Department Raipur (C6) Mr. Devendra Patel, Advocate Mr. Arun Sao, Govt. Advocate This petition is directed agair 10.11.05 (Annexure P-1) whereby Assistant Professor and posted c transferred to Govt. College, Kurud, Mr. Sao, learned Government it Government College, Bhilai-3, Bhilai, us hhattisgarh, Through the Secretary, of Higher Education, b.K.S. Bhawan, for the petitioner. for the State. st the impugned transfer order dated the petitioner, who is working as it Govt. College, Bhilai-3, has been District Dhamtan'. Advocate for the State submits that by virtue of interim order dated 128.11.2005 of this Court, the order impugned could not be given ejffect to till date and in these circumstances, the transfer order o| and meaningless with the lapse of ti^ objection if the petition is a(lowed| F Annexure P/l has become redundant ie. He further submits that he has no and the order impugned is set aside ?—' •-- <^^SS5^^ /^^ ^I-HC-22; s \:^/ ~"^^^y" ; 3TT^T ^T . ^Jch 3^T 5b*4icb 'yf^a r'" '^^ r^WM^f ^Til^^Ko, fa<ni^y 3TI^T XTSra? HWW\ ^^^-—.•—•—.•*————-—^F^ ^QQ f^^T' 3TT^T ^<TTW ^Tftn 2 ^ With liberty to the State to pass| transfer of the petitioner under th^ In view of above submission instant petition is allowed and the P/l dated 10.11.05, so far as it re| aside. However, the State shali be| with regard to transfer of the pel| exigency. Certified copy as per rules. <=r)i^f<yi<flTi ^W^f ^ 'fe1czt <P»t<^i< ^T ^qf^TH 3TI^T |appropriate orders in the matter of ^ administrative exigency, |of learned counsel for the State, the [impugned transfer order of Annexure |ates to the petitioner, is hereby set at liberty to pass appropriate orders |itioner in the event of administrative Sd/- Dhirendra Mishra Judge '^ii