< ' \ 1 N T HE HIGH COURT OF JUD ICATUR^^AJL BiLAS PUR CHHATTISGARH W.P. N0. 4/0^- /2005 PETITIONER A^ ^. .J' ./• ..••' •^/,-5^' / Oy^W/ .••f^'C-, .••"' /^y7/ ^J <J" ^/ ^y D.K. Sahu, S/o. K.R. Sahu Aged about 39 years Principal Govt. Higher Secondary '-School Khatlari, District Durg (C.G.) V E RS US RESPONDENTS •~'f State of Chhattisgarh Through : Secretary Ministry of Tribal Welfare Dept. D.K.S., Bhawan, Raipur (C.G.) The Collector Durg District Durg (C.G.) The Assistant Commissioner Tribal Development Durg (C.G.) A.K. Chandrakar Principal, Govt. Higher Secondary School Kuagondi, District Durg (C.G.) sitting at Govt. Middle School, Khallari Dist.Durg(C.G.) C(^> ^yWRIT PETITION UNDER ARTICLE 226/227 OF ^v- CONSTITUTION OF INDIA KSS- •^CW^IitlffW,wS[t1'16, Rlril^l^ TOCT»^••^£.^.^c^... an^sTiR^ (q^fgq^) W(.200 an^tmR'ii* HaiT3II^<TW:lh' s; ^ -./ ^ldvocate, wtttl Mr. SuOTr Verma, Q91Q9aXMS> Mr. HB. ^rawal; Sr. learned counsel fof Ihe petitioner. ^4^. Akhil Agrawal, leamefd Panel Lawyer, far the State of ChhatUsgarh/respondents 1 to 3. Heard. By order dated 24/09^00)4 High School, KhaUari. district Secondary School, Kuwa respondent hto.4 A.K. Secondary Sdiool, Kusumkash^ High Schoot, Khaltari, distrtct 1 amended and by the amendmeht was transferred back to High Si^hool vwis transferred to Higher Durg. Gdndi Ghandralkar Du)|g Respondent No.4 chaBenj (Mrder dated26/04Q005 in writ P|stiUon by order dated WOS2Q05 whpl petitton permitted respondent htot4, writ petifion, to make a fepteseiyaSon further directed that in the meah relieved from fte thsn placs of Ffc the decision ofthe repre$entation|. <oi«Ici<i1l*(!*inY^r'l«'^l'ifal^N ^art^»T3)i^?T D.K. Sahu, woridngas Principal, Durg, vras transferred to Hyher ^ondi), districl Durg and worldng as Principal, Hfgher i, (Sstrtet Durg was transferred to The orderdated 2^(^0004 was onter 26/04/2005, the pefiBoner I.Khaflari and respondent No.4 School, Kuwagondi.district Sec^ndary led tho trnnsfoiTod ttie amendmerrt No.1 8<rf^305. ThisCourt le disposing <rf the afbreMid writ 4,who was the pettttoner In the saki b^ore theauthorttfes. Itwas iwrtitle, if respondent No.4 was not istii^, he should not bs relievad till XI-HC-78 *tl*t«l^tTT^ \;)CT| •^iwipw, uTllti'ifi, Ririi<(-iy'< .^....^.\.t)^.el.L STT^ST q3q> (4cl(j«l<g) ^200 3II^?TWR-1l<b (RiTan^sTwriw sraitR'iiftCT.ai^n •2-- 'ni<if<'}4l-i *(linV*ffe'<9 '([Sf'tdN ^3lf^T31T^?T Leamed couns^ appranng'lt'oi" the peUUoner submlts'-that' Ibefore the order dated 11/0&20)5 tfras been passed in Writ Petition |No.1868 of 2005, the petitioner join^d High Scbool, Khatlari, disbict |Durg as Principal pursuant to the oijder dated 26/04/2005. As such, r^pondent No.4 was not working ^t Khallart when the order dated 11/05/2005 waspassed by this C(>urt in Writ Petition No.1868 of 2005. Leamed counsel farther sul|>mite that the respondents have passed anothar order on 16/08/20p5 transferring the petiBoner as Principal, Higher Secondary, Kuwag(>ndi, district Durg purauantto the order passed by this Court. The order dated 11/05/2005 '(vas passed on the representetion made by respondent No.4 that h< was wortdng at Khaltart. As a matter of fact, Uie petiUoner had al^eaSy joined as Pnncipal at High School, Khallari on 28AM/2005 befc|re Uie orderwas passed. Hence, the orcler dated 16/08/2005 (j^nnexure-P/5) is not due to administrative ewgency, but due t<> misunderstanding of ttie order dated 11/05/2005 passed bytfiisCcfurt. Leamed counsel appearing f disputeth®facte ofthe case. order dated 16/08/2005 is quashed. w tte respondents/State does not In view of foregoing, the peB|ton is altowed and the impugned No order as to coste.