WRIT PETITION s No. B 3 2,3 OF 2008 mw w $13 /V PETITIONER : A.K. Saxena, S/O ’late Shri R.N.Sa_xena, aged about 46 years, ‘Occupation- Service, posted as Assistant Conservator of Forest (Sub Divisional Officer), Pratappur, North Sarguja, District- Sarguja, eo'c \ J5 (C.G.), RESPONDENTS : (1) The State of Chhattisgarh, Through Secretary, Department of Forest, D.K.S. Bhawan, Raipur, District- ;v KF\‘ Raipur, (C.G.) W, (2) Under Secretary, Department of Forest, D.K.S_.Bhawan,' Raipur, District- Raipur, (C.G.) IVISIon.a , posted as an attached Sarguja, Ambikapur, North Fo rest D wusion, at- NS; Kushwaha, Sub D District— Sarguja, (C.G‘l) Officer Officen Wywwmx~vww “rm, u HEGH QOQR’F OF QHHATTISGE‘E AT B§LASPUR (Hen. Mr. Justice Pri‘imker Wwakef) Writ Pem‘ian (3} No. 3%23 af 26% PETITEGNER A.K‘Saxena VER$US RE$90NGENT$ Staie cf Chhat‘iisgarh and others. Shri Awadh Tripathi, counsei for the petitioner. Ku. Sunita Jain PL forthe State/resp. No. 1 & 2. WRET PEWTEON UNDER ARTECLE 226 OF THE CONSTITUT‘ON OF INDIA 0 R D E R (09.07.2009) finaily. With the consent 0f the counsef for the parties, the matter is heard Vida order dated 07.07.2068 (Annexure PM) earlier posting order > of the petitioner dated 5.7.2008 was meditied. Contention of the petitioner is that the order dated 5.7.2008 was executed on 7.7.2008 but ignoring this fact, the order dated 7.7.2008 was issued. This petition was fried on 21.7.2008 and the stay was granted in favour of the petitioner vide order dated 23.7.2008. Contention of the counsei tor the parties is that this Court may quash the impugned transfer order by giving liberty to the respondents to pass fresh order if administrative exigency so warrants. in View of the submissions of the counsel for the respective parties and looking to the fact that the petition was filed on 21.7.2008 and stay was granted in favour of the petitioner vide order dated 23.7.2008, the impugned order dated 7.7.2008 so far as it relates to the petitioner is hereby quashed. However, the respondents shalt be free to pass the order afresh if administrative exigency necessitates the same. With the aforesaid observation, the petition stands disposed of. ' Sd/— Pritinker Diwaker i Judge \{i