^s^^ !.E A slo-""'\c'.rf'.^""] R!^.w<"'\2'^'/^./:t?^ i^AS^V'' \^ .1.--V'7 \'-~" ~ .'..'***' wsfa--'" ® •3^5-^ , ^—' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No %Lll% / 2009 PETITIONER Sheel Kumar Jain, aged about 52 years, S/o Late Duli Chand Jain R/o Qurter No. H/l, Nagar Nigam Staff Colony, Korba VERSUS RESPONDENTS 1. The State of Chhattisgarh, Through . Secretary, Nagriya Prashashan Evam Vikas Vibhag, D.K. S. Bhawan Raipur 2. Municipal Corportation, through it Commissioner Korba 3. Nagar Panchayat, through it Chief ^!'////S<^ Municipal Officer, Bijapur t^°%^/^°''' .,•?" ^»y WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COUST GS- CHHATTISOARH AT BIuASPUS HOBf'BI.S.SKSI JUSTICS ?RITIKK£ROtW&KSS. ^^ •'5, .8/2QO< '^r PSTITi.OMER S.SSPON3BKTS yheei i-^umar ua.u State of C. Q. 85 Orhsrs WPJT PSTITION OHDER ARTIC1E 2.26 O? THE. COHSTITIi'TIOS OF' ABpearaase: Shri parag Kotecha, counsel for the peiitioner. Shri Sumesh Bajaj, G.A, fbr the Sta.tc, (15.07.2009) Chalienge in the present petition. is to the order dated 29.06.2009 (Annexure P/li passed hv resaondent No. 1 bv v?h:ch the DStitioner who is working as Office Superinten.dent has been tra.nsferred irom Munic;pai Corooration, Korba to Nagar Panchayat, District Byapur as In charge Chief Municipal Officer. Contention of counsei ibr the oetitioner is that in the order impugned vc has been mentioned that the petiucner has been sent on aeputation whereas the petitioner nas never gwen h:s consent fbr the same. He further submits that an employee cannot be sent on deputaxion without his prior consent. Counsei for the State submits that iet the oetitioner make a representation to tfae respondent Nc.l and the same would be decided in accordance with law. He also submits that iibertv be given to the State Government to initiate departmentai action against the petitioner if his statement is found incorrect. Counsel for the petitioner submirs that he v?iA make a rspresentation to the authorities concerned and t:il the same is decided, the cetitioner may not be relieved from his oresent place ot posting. '"^s^ Accordingiy, the petition is disposed of with a dlrection to the petitioner to make a representation within ten days from the date of copv of receint of this order and the same wouid be decided by the authorities within a further period of three weeks irom the date of its receiot. It is ciarified that tiil then the oetitioner shall not be reiieved fi'om the presen; piace of oosting, if not already relieved. -— — — — -— Sd/- Pritinker Diwaker Judge