^p—^.^ <' IN THE HIGH OF JUDICATURE AT BILASPCR^€HHATTI8GARH / WRIT PETITIONNO. ^;2-^1/2003 ; -'. ' • C^! S.C.'Gupta, : , ;"" - ?'• ;..;ii^/oi-.Dubra3iGupta ; ;^';.; ,' Agedabout45 years, " ' ; '' !/'•;'finaployedas ChiefExecutiveQ£ficer,» JanpadPanchayaf Tamnar, ^ Distt Raigarh, ...PETITIONER VERSUS /: State of Chhattisgarh, Through- Deputy Secretary, SC, ST, OBC and Minorities Welfare Deptt. Mantralaya, D.K.S Bhawan, Raipur(C:G.) ^^: .c.»<'v' .^^' ^?^^- i€^.--"' /• 2. S.K.Vahane . ^ ChiefExecutive Officer Janpad Panchayat Kansabel Distt: Jashpur (C.G.) . . .RESPONDENTS WRIT PETITIQN UNDER ARTICLE 2^6/227 OF THE CONSTITUTION QF INDIA FOR THE ISSUANCE OF APPROPRIATE DIRECTIONS / ORDERS / WRITS •' '^ L____ ^^:;^^^^':^s:t ' i^sy gB ^S5t HISH COURT OT GHHATTIS®ARMAT BIL^PUR SIN6LE BEWH : HON'BLE MR.SATISH K. AGNIHOTm. J. WRIT PETITION N0.2229 W 2003 PetiUoner ; S.G.Gupta versus Respondents : Stete of Chhattiagarti andandher Present Mrs. Reeta Hddar.coimsetfbrthepetBiorwr. Mr. A.S.KacWiawaha, Government Advocate for respondent No.l/State. None appears forrespendentNo.2. ORDER (Passed on 9PI ofNovember, 2006) The petitioner was emptoyed as Additional Assistent Development Commisstoner-cum-Chief Exeeutive Officer. Tte petiUoner was posted at Charama, Distnet Kanker froin the date of appointment, i.e., 26-6-1998 (Annexur®P-2) Ul t-10-2001. Fsro(n t-10. 2001, the petifioner was transferred in publie interest to KaWra, Dtstrict Korba on ttie post of Chief ExecuWveOffteer, Janpad Panchayat vide order datad 4-7-2M1 (Annexure P-3). Then again, by oKler dated 27-11-20G2 (Anneiaire P-5), the petttioner was fransferred to Tamnar, District Raigarh in the samecapacity. Thereafter, on the basis erfsone complaints, the prtiUoner was b'ansferred by order dated 18-6-2003 (Annexure P-1) from Janpad Panchayat Tamnar to Janpad Paochayat Kansabel as Chief ExecuUve Officer. Theorder dated 18-6-2003 is impugned in this writ peUtion. ThepetiUonerhas chaltenged thevalidity of the transfer order dated 18-6-2003 on Vne sole ground offrequent Iransfers. 2. Be that as it may, by virtue of interim onler d^ed 25-8- 2003 passecl by this Court, the peUtioner continued at Janpad Panchayat Tamnar, District Raigarh till date. The petitioner tes alr^dy enjoyed the beneflt of the interim order. The pefitioner cannot be permrtted to be posted at one place forever. 3. Without going into validity of the (mpugned order, the respondents - auttiorities are accordlngly directed not to instet on compliance ofthe order dated 18-6-2003 (Armexure P-1) in the facts and cireumstances of the case. The respondents—authorities may place/post the petitioner at any plsree, if publie intarest and/w administrative exigency require. 4. tt is wetl settled prindple of law ttet transter isan hcident of service and it is for the employer to decide as to whare a partieular officer/employee be posted teeeping in v\e«publie intorest as wdl as administrative exigency. This Court has limited jurisdictton to interfere with the transfer matters and this Court can intsrfere only wrtth the case of proved ma/a ffcte, non-competence of authority passingtha transfer order and transfer order not being in K>nfbrmHy vwth ttie roles and regulations. Noneofthe above grounds are available to tte petttioner. 5. For the reasons above-stated and as a result, this petBon stands disposed of. No order as to costs. ^ ,^ saysh K. Judge Gcpai