© t 'WGLE BENCI IN THE HON'BLE HIGH COURT OF CHHAmSGARH AT PETITIONER RESPONDENTS ^y? '/..y .•• j^yy. •^W/ A^ y /r ^/''/^' ^•'^. y^^ BILASPUR W.P.ISINo. f\{5 12011 'Imtiyaz Quraishi S/o Shree Tanveer Hussein Quraishi, Aged about 45 years, Occupation Service, Presently posted as Upper Division Teacher at Govt. Model Higher Secondary School, Baikunthpur, Block Baikunfhpur, District Koriya (C.G.) VERSUS 1.' State of Chhattisgarh, Through-Secretary, Department of Scheduled Caste and scheduled Tribes Development, Mantralaya, DKS Bhawan , Raipur (C.G.) 2. t:'Assistant Coramissioner, Tribal Developraent/ Welfare, Baikuthpur, District Koriya (C.G.) 3. Collector, Koriya District Koriya (C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. v WRiT PETiTEON (S^ No. 5115 OF 201 Imlivaz Quraishi RESPONDENT3 Versus State of Chhattisgarh & Othere ;"!Ct? (Writ Petnion under Artide 226 of ihe Constitution of India) Singte Bench : Hon'bie Shri Satish K. Agnihotri, J. ^r&s esenl:- Shri Mahendra Dubev, Advocate for the Detitioner. Shri Arun Sao, Government Advocate for Shg Siate. 3DER (ORAL) 5. (Passed on thls 02 day of Septembe^; 2011) Chalienge 'm this petition is to the order dated 15.07.2011 (Annexure P-1), passed by the Assistant Commissioner, Tribai Welfare Koriya, •KV'nereby, ihe petitioner 'working as Upper Division Teacher at Govt. Vodel Higher Secondare SchooS, Baikunthpur, has been transferred to Qovernment Middle Schooi, Jampani, Baikunthpur, on administratlve gfOUHQS. Learned counsei aDDearina for the Detitioner submlts that under the transfer po!icy dated 13.06.2011 (Annexure P-3), it is clearly siated that ihe CoSiector aione is competent to transfer the employees beionging lo Class-iil & iV seniices on proposal made bv the other deDartments in approvai ot ^he mlnister in-charge. in the case on hand, it sppears that the Assislant Commlssioner without foilowing the guideSines issued in the transfer poilcy had passed the order impugned, when the CoBector has been assigned the respons'biiity of transfer of the empioyees working in Ihe concerned district, or. proposal of the concerned departments. Thus, this suffers from the defeot of competence of the officer. Aocordingly, the transfer is unsustainabte in the eves of law. As a resu!!, the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. However, tiberty is reseri/ed to the government to pass an appropriate order, if so advised, In accordance •»vithadministrative exigency and in pubiic poSicyi in accordance wth taw. Accordingiv, the 'writ petition is aliovrfed to the above-extent. No order astocosts. ____—--—---- Sd/- Satish K. Agnihotri Judge tli:,i,