Q) IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION S NO. [§// 2011 IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA ; BETWEEN 14 Vijay Kumar Sharma, son of Shri Shyamlaljee Sharma, aged about 47 years, resident of MIG 28, Prem Park, Phase 2, Mahaveer Nagar, Raipur, Chhattisgarh P ETITIONER VERSUS State of Chhattisgarh, through the Secretary, Agriculture Department, D.K.S. Bhawan, Mantralaya, Raipur, Chhattisgarh Managing Director, Chhattisgarh Rajya Krishi Viparan (Mandi) Board, Beej Bhawan, G.E. Road, Teiibandha, Raipur, District Raipur, Chhattisgarh Shri Vinod Kumar Tiwari, son of not known to the petitioner, age not known to the petitioner, presently posted as Assistant Grade ii, Chhattisgarh Rajya Krishi Vipran Board, Divisional Office, First Floor Pandari Kapa; Raipur, Chhattisgarh RIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ”w: FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF MANDAMUS AND FOR ISSUANCE OF OTHER SUITABLE WRITS DIRECTION OR DIRECTIONS. ORDER OR ORDERS W (Wn't Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Sn‘ Satish K. Agnihotri. .J. Present :- Shri Amrito Das. Advocate for the petitioner. Shri Arun Sao. Govt. Advocate for the State. (Passed or: this 08 day ct Decem bar, 201 1) 1. The petitioner. impugns the Iegallty and validi of the order dated 04.11.2011 (Annexure P—1). whereby. the petitioner. working as Assistant Gde-I has. been transferred from Chhattisgarh Rajya Krishi Vipnan (Mandi) Boar Divisional Office. Raipur to Divisionl ffice Ambikpur. on the sam ost. 2. Learned counse ppering for the petitioner submits that the impugned order is bad’ on the followi grounds. firstly. there is no other person available who is Assistant Grade-l and in order to accommodate other erson who is Assistant Grade-II to give charge of Assistant Grade-I. this order has been ssed Thus. it amounts to malaffde exercie of power. Scondly, the petioner was allocated to the Chhattisgarh State keeping in view the posting of his wife at Raipur. thus. no order can be passed transferring the petitioner from Raipur to any other plac. 3. It is welt settled rinles of law that mere selfsame statement of maldde is no enough to establish maiatide, the same should be established by gent strong reasons. The other person. in absence of Assistant Gra-I. who is looking after the work of Assistant Grade-I. from no angle. can be held as malafide execise of power. 4. So far as the allocation of the petitioner is concerned. the allocation was to the entire State of Chhattisgarh not for Raipur only: thus. this ground is also unsustainable in law. .5. For the reasons mentioned hereinabove. there is no illegality. error or deficiency in the impugned order. 6. Accordingly. the writ petition is dismissed. * Sd/— Satish K. Agnihotri Judge ESHDK h ORDER t5 tv ra d. a O a e p l aa ng p pa. s e ti e pcip a t co de r HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) NO. 7415 OF 2011 PETITIONER Vijay Kumar Sharma Versus RESPONDENTS State of Chhattisgarh & Others