^. ^- r' ^\ IN THE HZGH COURT OF JUDICATURE AT BILASPUR fCHHATTISGARH^ ^y^ W. P. N0. OF 2004 PETITIONER Raj Narayan Dubey, S/o Late Shri Hari Charan Dubey, aged about 55 years, Occupation- VERSUS RESPONDENTS ^•^ 1. State of Chhattisgarh through The Secretary, Department of Health & Family Welfare, Mantralaya, Dau Kalyan Singh Bhawan, Raipur [Chhattisgarh] 2. Chief Medical & Heatth Officer, Bilaspur District Biiaspur [CG] WRIT PETITION UNDER ARTICLE 226 OF THE CONSTZTUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI. MANDAMUS PROHIBITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS: t-: -J-. XI-HC-22 W^?[^T f^ro^lt^T ^IW^TI T '^'^i ^i^i^^ i^R7T^, 'fa^may 3fl^T "<?^? WH^T ^Hl^ .^.:L^.:.^^\^6^ ^^i 200 "^^?" 13Tf^T ^^i'^T ^T^T 11/01/2005:- Shri Ashish Shrivastava team< Shri Sandeep Dubey, le^rned State/respondents. Heard on the question of adm i^sion of this writ petition. mentiohed Learned counsel appearing petitioner who is working on the Health Centre, Lormi has been Jagdaipur. He refers to Annexure-P^ petitioner has wrongly been makes this statement that the trar petitioner. He also submits that byj petitioner namely Ashok Dubey transferred from their respective plaj Jagdalpur. During the course of a| Jimited prayer to the effect that opportunity to file a detailed rep| authority which shall be considere<( with Jaw. Learned counsel furtherj the petitioner have been transferr^ posting to the office of CMO, (Annexure-P/1) suffers with mala fid^ Having considered the facts without expressing any opinion on of this Court ends of justice would b ^mferat;T T???^ff"? f^^ <f^t^« ^^T^FTSTT^ d counsel for the petitioner. Panel Lawyer, for the for the petitioner submits that the ()ost of Accountant in Community trfensferred to the office of C.M.O, 11 and submite that the name of the in Sr. No.2 of the order. He |isfer order relates to the present the said order two brothers of the in(J Paritosh Dubey have also been i|:e of posting to the office of CMO, I'guments learned counsel made a petitioner should be given an ^esentation before the competent on its own merits in accordance 1 submitsthat since ^wo brothers of r^d from their respective place of jcjalpur, therefore, the transfer order on the part ofthe respondents. tlhe Jagcjalpur, bnd circumstances of the case and tljie merits of the case, In the opinion served if a direction is given to the L. h XI-HC-22 •^o^ '^TPTRPT, 'ST^PT?, t^TRTy: =F 3T^"¥T^T f^W'3?T^T ^Rt^r^icr <^' ^ ^ iL., .^&" ^ -/-^' WNW ^s^l^ 3^T XRT^ ^-P. io&. ^^^°\ -^' 260 •^^?' ^^T^^^R^^I -•2-+ petitioner to make a detailed re| •^rqfenh-w^ff'?f^A T^R ^^f^H37T^T )resentation raising his grievances before the competent authority of t(ie respondents along with a copy of this petition within a period of fif^een days from today and on such representation being filed, the cojmpetent authority shall decide the same on its own merits in accorda(ice with law by a reasoned order as eariy as possible preferably within |a period of six weeks from the date of receipt of representation. Learned counsel appearin^ for the petitioner makes thts statement that the petitioner has working at his present place of po^ Health Centre, Lormi. On the above statement at tl representation is decided, the petitk |iot been relieved so far and he is ^ting i.e. in the office of Community e Bar, it is also directed that till the iner shall be allowed to continue on his present place of posting. |Needless to mention that if the representation is not decided with|n the stipulated period referred to above, the matter shall be brought Vp the notice of this Court so that the order ofthis Court shall not be misu^ed by either ofthe parties. With the aforesaid observatio|n, the writ petition stands disposed of. C.C. as per rules. Sd/- Sunil Kumar Sinha Judge [11ft^^fe^