VIN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPURV‘“ (Arising out of the order dated 12.10.2001 passed in O.A. No.7707‘2001 (W.P.S. No. 3917/2005) by State Administrative Tribunal at Raipur Bench) w l Shah Bench‘ CONTEMPT PETITION No. R 2006 é Dr. D. P. Kurre, PETITIONER «VERSUS RESPONDENT S/o Shri G.L. Kurre, Aged about 44 years, Asst. Professor (Economics), iDr. Khubchand Bhaghel Govt. College, Bhilai—3, R/o Subhash Nagar, Shiv mandir chowk, Durg, District—Durg (CG) Y. S. Bele, S/o Not Known, Deputy Secretary, Department of Higher Education, Govt. Of Chhattisgarh, DKS Bhawan, Raipur, District—Raipur (CG). h/ V3.1 S CONTEMPT PETITION UNDER ARTICLE % OF THE CONSTITUTION OF INDIA READ WITH SECTION 10 OF THE CODE OF CONTEMPT OF COURTS ACT. ?w , 2 The o‘rigin'alk ‘a'pp‘ii'catmn wasi fileéQbez‘bre the State Administrative Tfibun‘al Bench at Réipur Lim'pugning the tranafer order dated 24 9-2001 (Annexure A-1) Whereby the petxioner who wa¢ workmg on the post of Assistant Professor at Government Coi:ege ‘Bhrlar-s. DistrictDurgf was transferred to the Government Coilege. Newagarh. District Dufg; ‘ r \ 3 J After admitting fhe petmon on 9-10-2OG1 *he Tribunal by ‘ ‘ rts order dated 12 10‘2001 granted status qua wvt‘ regard to the posting of the petitioner as on'Vtx‘tO-2OQ’L Learned counsel for the betitioner submits that despitellttie‘re’v being the said order of status qua, a transfer order dated‘L3O-6-f2‘006 (Annekure C-3 in Contempt Petition No 119 of 2006) was passed tarsfer mg the. petitioner to Government r .G. Coiiege, Dhamtari. Howeverrno effect to the said order dated 30- §~2006 was given. 4[ i i As a matter of fact the petitioner by way of Interrm order ii ated 12 10-2001 remained posted on the same place i.e G‘overnment College Bhlla1-3 District Durg for about fve years The oetrtroner could not continueratone place forever 5 It is well settled princrple of law that transfer is an incident of seNice and it is for the employer to decide as to where a partrcular officer/employee be posted keep, g in view publio interest as well as administrative eXigencyr This Court has limted jurisdiction'to nterfore With the transfer matters and this Court can interfere only With the case of proved mala fide non compete ce of authority passmg the transfer ’ziri contormtty wrtn therules and { / Tder and transfer order no g t 1 ‘ ‘ ; ¢ i go regilations. None of the above grounds are available to the pétitianer. in thhe‘ facts and circumstances of the case. it is not necessary to Howevef, the respondents t ~ authorltxes . . are dtrecteé , not to . msxst ‘ on comphance . of the t examine vaiidity of the transfer arders at this stage. transfer orders dated 24-9-2001 and 308-20064 Accordingly. the writ petition stands disposed of and the Notice 'to the respondent in the co‘ntempt petition is discharged. However, the respondents — 6. contempt petition is dismissed ii ahrth‘orities are at iiberty to pass appropriate order for posting the exigenoy. in accordance pegtit‘ioner in public interest and administrative i i with iaw.. No order as to o0sts. i 7f A copy of this order be piaced on the record of the cpntempt petition. Sd/_ Jndge Gopai ‘ Satish K. Agnirmtri ,