lc1 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. AepeNant Respondents Writ Appeal No. 535 of 2011 Chandra Bhushan Mahato, s/o late K.N. Mahato, aged about 46 years, working as Clerk Grade-1, B&S Hospital, Banki Mongra, tahsil - Katghora, district Korba C.G. VERSUS 1. Chief General Manager, South Eastern Coal Field Limited, Gevra Project, Katghora, district Korba C.G. 2. South Eastern Coal Field Limited, through Chairman Cum Managing Director, SeepatRoad, BilaspurC.G. 3. South Eastern Coal Field Limited, through Sub Area Manager, Sub Area Banki, P.0. Rajgamar Colliery, district Korba C.G. 4. South Eastern Coal Field Limited, through Deputy Chief Medical Officer, Banki, Surakachhar Hospital, Banki, Tahsil Katghora, district Korba C.G. 5. South Eastern Coal Field Limited, through Area Personal Manager, Korba Area, district Korba C.G. Writ Appeal under Section 2(1) of the Chhattisgarh Appeal to the Division Bench Act 2006 Present: Smt. Renu Kochar, counsel for the appellant. WritAppealNo.535 of 2011 Shri H.B. Agrawal, Senior Counsel with Ms. Sareena Khan, counsel forthe respondents. JUDGMENT •th (5'"December,2011) The following judgment of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on I.A. No.01/2011, an application for condonation of the delay in filing the writ appeal. 2) On due consideration of the submissions of learned counsel for the parties and the grounds taken in the application, we are satisfied that the appellant has succeeded in showing sufficient cause for the delay in filing the writ appeal, 3) I.A. No.01/2011, therefore, is allowed and the delay in filing the writ appeal is hereby condoned. 4) Learned counsel for the parties are heard on admission. 5) The appellant has filed this intra Court appeal against the impugned order dated 14.09.2011 , passed in W.P.S. No. 601/2011. 6) The appellant/ petitioner filed the writ petition for the following reliefs:- "10.1) That this Hon'ble Couri: may kindly be pleased to call for the entire records relating to issuance of the impugned order for kind perusal of this Hon'bleCourt. 10.2) That, this Hon'ble Couri: may kindly be pleased to issue a writ in the nature of certiorari quashing the impugned order dated 17.01.2011 (Annexure P/1) so far as it relates to the petitioner. J 'SRS;,:..*. ,'i 1 WritAppeal No. 535 of 2011 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted." 7) The petitioner in substance was seeking quashing of the order dated 17.01.2011 (Annexure P/1 in the writ petition) whereby the petitioner was transferred from B&S Hospital, Banki to C.G.M. Baikunthpur Area. 8) Learned Single Judge on a thorough consideration of the submissions advanced on behalf of the petitioner did not find any infirmity in the order of the petitioner's transfer and therefore dismissed the writ petition vide impugned order dated 14.09.2011 . 9) Smt. Renu Kochar, learned counsel for the appellant vehemently argued that the learned Single Judge has erred in not giving due weight to the fact that the appellant/ petitioner was transferred thrice within a period of one year. 10) From para 5 of the impugnedorder, we gather that the petitioner's transfer vide order dated 16.11.2010 was on the petitioner's request. 11) On due consideration of the submissions of learned counsel for the parties, we do not find any ground warranting interference in , this intra Court appeal. , 12) The writ appeal filed by the appellant, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- N.K. Agrawal Judge Sd/- ChiefJustice nimmi I