HiGH COURT OF CHHATTISGARH: BiLASPUR Uf 12 of 2007 1f£ Ramkeshav Dwivedi, S/'o. ChancSula!, aged about 48 years, r/o. Ambikapur, District Surguja (CG). State of Forest DepartTsent, D.K.S District Rais Secretarv, Bhawan, Raipur, (CG). 2) Divisiona! Forest Officer, South Surguja, Forest Divislon, Ambikapur, District Surguja (CG). 3) Consen/ator of Forest, Raipur, District Raipur /r·^;^ v^'-3/- 4) Edward Lakda, Range Assistant, Speciai Duty, Rangs Udaipur, Forest Dsvislon South Surguja, Ambikapur, District Surguja (CG). Petition under Article 226 ofthe Constitution of India) SB: Hon'bie Mr. Satish K. Aanihotri u. Shri Manoj Paranjpe, counsei Tor the peiitioner. Shri Ajay Dwivedi, Panel Lawyer for the respondents No. 1 to 3/ Stsfs. Smt. Hamida Slddiqui, counsel for the respondent No.4. ORDER 'assed on lti day of Asrit, 200S 8y thls petition, the petitloner chaltenges the impugned order dsted 7-7-2CU7 (Annexure P/13), wherebv respondent No.4 has been transferred from Range Udaipur (Spscia! Duty), Forest Division, South Surguja, to Udaipur, Forest Cireie, South Surguja, as Range Assistsnt, v/here the oetitioner was oosted as Ranse Asssstant bv order dated 13-6-2007 (Annexure P/10). /'/ 2} The facts, in nutshell, are thst the petitioner working as Forest Guard (Speciai Duty), Forest Division, South Surguja, vvas posted ss Range Assistant in Udaiour Rsnge within the same forest division, on temporaro basis, ti!l further orders, by order dated 13-6-2007 (Annexure P/10). Thereafier, the State Government by order dated 7-7-2007 (Annexure P./13) :orsst Range to Range South Surguja. The oetition stating that in respondent No.4 tte petitioner vvas posted the respondent No.4 from speciai duty in the Forsst Assistant, Udaiour. within the same Forest Division. petitioner, being aggrieved by the order, has filed this absence of any transfer order agalnst the petitjoner, couid not have been posted on fhe same place when already posted, pursuant to the order dated 13-S-2007 3) The State Govemment by tetter dated 1-8-2007 (Annexure R/1-2) informed to the Detitloner that his Rostina as Range Assisiant in Udaipur Range was for a temporary period and his hsad-quarter was nsver changed. ¥• it is Turther obsen>'ed that Sransfer of the Deputy Rangers is within the prescribed limit of 10% of the tota! cadre strength. 4) Be that as it may, it is evident that the petitloner was working in the same Forest Division and was posted temporarily as Range Assistant, Udaipur, in the same Forest Divlsion. The subsequent order dated 7-7-2007 (Annexure P/13) posting the respondent No.4 at the place of the petitioner did not consider the fact that the petltioner was aiready posted there. it wouid have been Drooer. if the State Government has passed the order indicating posting of the petitioner as well as respondent No.4 at appropriate places. The petitioner has not chatlenged the transfer order of respondent No.4 on any sustainabte grounds i.e., proved mala fide, non-competence of the officer oassina the order or violation of ruies and regulations. Thus, it doss not warrant any interference with the impugned order dated 7-7-2007 (Annexure P;13) passed by the respondents authority. However, it is 3^CS3S^. /s'^-€%s y ^ - "' ^aju expedient, sn ths interest of justice. that separate posting orders be passsd ksepina in view the adminisirative exlgency and pubiic intsrest, so that the petitioner as weil as respondent No.4 can be posted at separate places. It is expected that appropriate orders may be passed Vi'ithin a period of three weeks fror" today. interim order granted ear'ier stands discharged. 5) !n view offoregoing, the petition is disposed of. Sd/- ~~; satisfiKlgnih^ . Jydge ,,.