IN THE HI6H COURT OF CHHATTIS6ARHAT BILASPUR WRIT PETITION FS1 N0. . ^©^'2-72008<.,,. PETITIONER: Ashok Singh Parihar, son of Shri Madhu. 5udan Singh Parihar, aged 42 years, Assistant Srade-TI. Sramudyog, Zila Panchayat Office, Sarguja, Ambikapur. Vs RESPONDENTS: ^•' ^ ^- <-' <?'' 1. State of Chhattisgarh Through; the Secretary; Ministry of Sramudyog, 'O.K.S. Bhawun, Rarpur. 2. The Chhattisgarh Khadi Tatha (Sramudyog Board, V^through . its Managing ^y - Y\^jiy^l^y- . _...;. y.....^. \ ^^.wsy t>irector, ChfiattisgdrhKhadi Tdfha Gramudyog Board, Raipur. WRIT PETITION UNDER ARTICLE2Z60F TME CONSTITUTION OF IN&IA ^^y ^ ^! ;st)^^" \?fy IM •iiuniiei ( 2 of 201 Ashok Sinah Parihai- i. State of Chhattisaarh & gnothes'. Mr. B.P. Sharma. counsel for the Detitioner. Mr. Y.S. Thakur, Dy. Advocate Genera! with Mr. Awind Dubsy, Hanel Lavi/yer tor tne State/respondent No. 1. Mr. P.K. Tulsvan. counss! for rssoondQfit No. 2 WRiT PETITION UNDERARTiCLE 22S OF THi CONSTSTUTSON O IND.'A (14.07.2009) With the consent ofthe Darties, the matter is heard finativ. Challenae in the instant writ pstition is to the order dated 30.6.200S (Annexure-P-3) oassed bv the resoondent No. 1 wherebv the oetitioner was transferred from Ziia Panchavat, Sarauia to Khadi Bhandar. Jagdaipur. in vioiation of the {ransfer ooiicv. This Detition was fjled on 17.7.2008 and the stav was aranted in favour ofthe Detitioner vide order dated 21.7.2008. Contention of the counsei for the Darties is that this Court may quash th.s imDuaned transfer order bv giving libeftv to the respondents to pass fresh order if adrninistrative exiaencv so warrants. In view of the submissions of the counsei for the resoective parties and iookina to the fact that the Detition was filed on 17.7.2008 and stay was granted in favour of the Detitioner vide order dated 21.7.2008. the impugned order dated 30.8.2008 so far as it reiates to the Detitioner is herebv auashed. However, the resDondents shai! be free to oass the order afresh JT administrative exiqency necsssitates the same. but before Dassing any such order the authoriti? concerned must ensure that he is comDetent under the la'w to pass any such order. With the aforesaid obsen/ation. the Detition stands disposed of. Sd/- Pritinker Diwaker Judge