<S) IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ^t^- WRITAPPEAL No. IA^ OF 2010 APPELLANT/ RESPONDENTS &, "^i? ^••--fc\0-' •»y^ av^y'' y ^> Vipin Raj Walia, Aged 49 years, S/o ! ate Shri J.S. Walia, Occupation Service, presently posted as Sub-lnspector in District Crime Record Branch (Non-District Executive Force) Raipur Chhattisgarh VERSUS - </ 1. State of Chhattisgarh, Through Secretary, Government of Chhattisgarh, Department of 10^ Home (Police), Mantralaya, DKS Bhawan, Raipur, Chhattisgarh <' 2. Director General of Police, Headquarters, Raipur Chhattisgarh Police 3. Inspector General of Police, Raipur Range, Raipur Chhattisgarh 4. Superintendent of Police, District Raipur Chhattisgarh WRIT APPEAL UNDER SECTION 2tD OF THE CHHATT1SGARH HIGH COURT (APPEAL TO DIVISION BEANCH) ACT2Q06. 3?':' ^^ ^ .'i>' ;y:f i< 'isssss^ l '%TsfB*CT ^i^sBe" COCTRT CTT CMHATnsa&BM, BUASffBR DB: HON'BLB I.M. qSHWOW te HCTrBLBM.K. AGRAWAl., JJ ireiT ACTE No.198 oraoio StetteafChhattffi^B-hsffiddtt^rs | ^ WRIT APPBAL UMD@l 8ECTION 2(lt OP TBGB CHHATTraGARH HIGH COORT (A eiUL TO WSVSSSXSSf BBNCHt ACT, 2006 AI»PEARANCB: Mr. Dheeraj Kuma- Wanfchade, eoansel far tto AppeHant. Mr. Amrito Das, Panel Lawyer, for (he StatE/ respondeats on advanee copuy. (01.07.2010) PerJ.M.OUDDUSI 1. Heard finalfy wiffa the eoasent of couasel fi»r botli fhie partics. 2. This writ appeal 1bas been fited agaiast the itapugned onler dated 18.06.2010 passed by fhe learoed single Judge ia W.P.(^. No.2762/2010 diamissmg fhe wrtt pctitioa. 3. Brief facts of the case sas fhat app^aat was inttinlly appointed as Constable in the year 1981 and was paoimoted to the post 6f Head Constable in the year 1990. Again on 24.10.1996 he has been ^oiaoted as As^stmit Sub- tospcctor aad served at -various ptoees iaachiding NaxaUte aflfected areas. Agaia when the occasioa arose &» furthcr APPBUANT ^iEinS^WaBa \^ 4. promotion to the post of Sub-Iaspector to fhe year 2007- 2008 and the proaiottoa list was tesued oa 08.10.200 where the petitioiicr's iiame fiads ptace at SLNo.73, petitioner made a representation wifh. relevant docuiaents to fhe respoiuleut authcaittes praying tliat fhe petitiMMr was suffermg fi'oia lugh btood pressure aad diabetes aad tafa treataaent was going 014 (heBefoTe, he inay be posted ia Noa- District Executive Poice. By order datcd 30.12.2008 issiwd by Director Qeiieral of Police, the petitteaer has beea pn>moted as Sub-Iiispector and tiansfened te N«ai«IMstr Executwc Poice coiisideriag his gnevance. There^er petitioner was posted in District GriHie Record Branch wluch is part of Non-Distiict faBcutwe Poree. On 07.11.2008 fhe respondent authoritics have issacd a fi'esh transfer oider whereby the petitioner has been teaasferred fcom. the preseat piace ofpostit^ to District Kaiiter. The petitiotier has inade a repcesentatk»n stattng fhat in view of his ilbiess as inentioned in the earlier represeirtatioa, he is not ia posittoa to perform the field works and Iie be retained in Noa-Datrict Executive Porce. However, when fhe teansfer oBler ofother officers has been niodificd by order dated 18.11.2009 by the respoadent aufhorities, thc case of petitioaer has aot been considered. At present, fhe Tepresentatkui of the petitioBer Iias been aejected and he has been relieved, but thc directioatsas been issued whBe dteposa^ of the representatioa. by the tospector Qeneral of PoHce fhat the work shoiild be taken fi?om fhc writ appeUant on fhe baste of the inedical report. Tbe inedfcal report fe not ofany medical ofBcer biit it bas beea issued by the medfcal boacd. 5. Ia view of the above, at ttas stage, we ase not iacliaed to iaterfere wltlt thc itapugafid orier dated 1S.C&.W1Q passed by the learned Smgle Judge. Hwfswer, we thmk it ^ppropriate tliat appeUaat sbould joia aad afier six moatl of Us joiaing he shoiild appear befi»e the inedacd boaed agam. and on fhe basis offhe report ofincdicri. board it 'wiS. be open for laia to inove a Scsh represeatatian for Iris retrai^fer, tfsoadvised, aaid ifsuchaepresentatioaisDKnwd, we expect that fhe saxae shafl be coiisid^ed syinpatltBtical^'. 6. Accoidmgty, tias writ appeal is disposed of at the naotu>a sta^e itself. Sd/- I.M. Quddusi Judge Sd/- N.K. Agrawal Judge Scso