r^ ) ^/ s©' m OF CHHATTISGARH AT ../>^ cy '^<>'/ ^ -3^T Sukh Deo Tirkey S/o (Late) Gautiya Rajii Tirkey , Aged about 42 yeai's, Presently working as Assistant Vetenary Field Officer aiid posted at . Artificial Insemination Centre, Bishrampur , District Surguja. (C.G.) Staite of Chhattisgarh, Through-Secretar}7, Department of AgricuFture (Animal Husbandry), -. Mantralaya, D,K.S. Bhav/an, / Raipur (C.G.) 2. Director, Vetenary Services, Raipur, (C.G.) 3, Assistant Director, Vetenary Services, Ambikapur, District Surguja(C»G.). 4. Collector, District Surguja, (C.G.). 226 OF OF INI^' '.mGHCQlJ»T,€>R.€aHArriS€^ItHAT,BIlASPl}R WmTPElTNON(SlNa§QllM Petittoiier SuidiDeoTirkey Versas Respondeitt St&te at CMhattisgarh & other^ WRTT PEFmON UNDER ARTK^LE 2^5 OF THE GONBTmJTlON Oy INDIA (SB: Hon»UleMr. Satish K. AgnBiolyi, J.) Presesit:- Shri Mah^idra Dubey. Advocate forthe petitiotier. Shri N.N. Roy, Paiiel Lawyer for tfae Stete/raespoodeiats. QMDBR(ORAy (Passed on 31st D^? of3VEarch, 2010) Heard. 1. rrhe petitioner, by this petitioii, impugas tihe order dated 1 U 1 .^MX)8 (Amiexure P/l) andlhe or4er 4ated 26.08.2008 (Annemire W4). 2. Leamed coumel appearing for the petxtt<mer submits that tlte petitiosier; v^hile workmg as Assistaiit Vetorirmry Field Qfficer, Artificial Ins^misiatian Svb Centre Bishrampw, was traxisfwred to Ambikapur by order dated 22.07.2007(Armexiire P/2). Ac©or(ttngly, fhe petitionerjomed at Anabikapur. SubsequeiAly, after more ttian a year, by oi-der dated 11.11.2(X)8 (Annexure P/l) Ae transfer @rder dated 22.07.2007 was cancelled and the petitioaer was dicected to jom at fais original place of {X)sling as existed prior to 22.07.2W7. Now, the petitionea- has been directed to be reliev^i from his present place of posting t.e. Ambikapur aad has been diflected to joia at Bishrampur. 3. On the other hand leamed counsel appearing for the respondents submits tttat the transfer order dated 22.7.2007 was passed by tfae Y' respondent No. 3, wbo was not competeaat t@ pass such an wder. Thus, tte matter was reported to th@ Secretary to th^ Govenmient on 10.8.2007 (Annexare R/2) and accordmglly by ordter dated 26.08.2008 (Annexure P/3) &e teamfer order dated 22.7.2007 was cancelted in respect of all fhe 12 persons. 4, I have h^ard learaed coumel q)pearing for (he parti^ aiid perased 1he docum^nts a|ppeiidedth^reto. 5, &i tihe opim<m ofthis Court, once fhe tmxisfer <mtar is executed, itts not nec^ssary to caiicel fhe same after a period of aboixt an^ y^ar- The employer m always at liberty topa^ afresh ord^ oftraaisfer atid postmg ofan enyloyee, keeping in view the admiiusta-ative exigeney and public interest. 6. hi view of fhe foregoing, the in^ugaed order (teted 26.8.2008 (Annexure P/3) and 11.11.2008 (Annexure P/l), m re^)e<ft ofthe petitioner^ are quashed, However^ liberty m rescrved to th@ respondente/emplo^r to pass app^priate orcter, tf g@ advisi^d, m accordance with law, keeping in view tihie pubKc interest and admimstrative exigency. 7. No order as to costs. Sd/- Satish K. Agnihotri Judge Amn K ';