-1 - ^g ^ ^FW:t: |^,eii Y BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.t PETITIONER RESPONDENTS (px' «• N^/^ ^/^ ^€<i^' .. ,^yv <s: ^'^ s< .a"» W.P.(S) No.U6G'2- Of 2011 S.L. Pisda, S/o Shri Bihau Ram, Aged about 57 years, U.D.T., Middle School, Govt. Girls Middle School, Kusuinkasa Block Dondi, District Durg (C.G) VERSUS 1. State of Chhattisgarh Through - The Secretary Tribal and welfare Departinent D.K.S. Bhawan, Raipur (C.G.) 2. Collector District Durg (C.G) SfAssistant Conimissioner Tribal and weUare Department Durg 4 District Education Officer Durg WRIT PETITON UNDER ARTICLE 226 QF THE CONJ'ITUTION QF INDIA FOR ISSUANCE QF WRIT OR MANDAMUS/DIRECTION OF OTHER APPROPRIATE WRIT. ,f^a "^. ^ HiGH COURT OF CHHATTiSGARH : BiLASPUI WR!TPtin;!ON_(SlNo,_46Q2.gF.Mll PETITiCNER RESPONDENTS S.L. Pisda Versus State of Chhattisgarh & Others fuVrit Petliion under Article 226 of the Constitution of india) Singie Bench : Hon'bie Shri Satish K. Agnihotri, J. Shri Ajay Shrivastava, Advocate for the petitioner. Shri Arun Sao. Government Advocate for the State. ORDER ('ORAU (Passed o" this 12 day of August, 2011) Learned counsei appearing for the petitioner submits that under the transfer policy dated 13.06.2011 (Annexure P-2), It is cteariy stated thai the Coiiector aione is competent to trsnsfer the employees beionging to Class-tii & IV services on proposal made by the other departments in approvai of the minister in-charge. in the case on hand, ii appears that the Assistant Commissioner without foiiovi/ing the guidelines issued in the transfer poiicy had passed the order impugned, when the Coilector has been assigned the resuonsibilm of transfer of the employees working in the concerned district, on proposal of the concerned departments. Thus, this suffers from the defect of competence of the officer. Accordingiy, the transfer is unsustainable in the eyes of !aw. As a resuit, the transfer order dafed 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. However, tiberty is reserved to the government to pass an appropriate order. if so advised, in accordance with administrative exigency and in public policy, in accordance with !aw, Accordlng'v, the writ petition is aiiowed to the above-extent. No order 'asto costs. '—-" Sd/- SATISH K. ANGNMORJ Judge ashcK