IN THE HIGH COURT OF CHHATTISGARH AT: BILASPUR W.P.CSINo. £<&2A OF 2011 PETITIONER: OVYv€^"" \^^: /}&y ^^•' ..4^'^ .^>"''^''',.y ^•'.^ .." <?-'-" .&•• RESPONDENTS: Bhagat Ram Sahu, aged 44 years, son of late iicA Shri Bahoran Ram Sahu, Forest Guard, Karli Premises Guard, Forest Range Geedam, Forest Division Dantewara, district Dantewara (C.G.). VERSUS 1. State of Chhattisgarh, through the Secretary, department of Forest, Raipur (C.G.) 2. Divisional Forest Officer, South-Bastar, Dantewara (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. PETITIONER RESPONDENTS HIGH COURTOF CHHATTiSGARH : BiLASPUR WRIT PETlTiON (S) N0.682S OF 2011 Bhagat Ram Sahu Vereus State of Chhattis^rh & Another (^p (Writ Petition under Article226 ofthe Constitution of India) Singie Bench : Hon'ble ShriSatish K. Agnihotri, J. Present:- Shri Somnath Verma, Advocate for the petitioner. Shri Arun Sae, Government Advocate for the State. ORDER (Passed on Shis 21" day of November, 2011) Chaltenge in this petition is to fhe order dated 27.09.2011 (Annexure P-1), passed by the Divisional Forest Offlcer, Dantewada, whereby the Detitioner, workina as Forest Guard has been transferred from Beat Guard Karii, Range Geedam to Bit Guard Geedam, Range Geedam. Learned counsei appearing for the petitioner submte thatthe petitioner has been transferred contrary to the transfer poticy for the year 2010- 2011 (Annexure P-4). Though, by subsequent ciroular dated 08.08.2011,transfer was permissible subject to approval of the Chief Minister in co-ordination with the Chief Secretary. This order has been passed by the Divisional Forest OfRcer, Dantewada, whteh is unjust and deserves to be dismissed on the ground of breach of provisions of the transfer policy. The petitioner working as Forest Guard was transferred from Beat Guard Karii, Range Geedam to Beat Guard Geedam, Range Geedam. in piace of the petitioner at Beat Guard Karii, Geedam Range, one . Sanjay Kumar Karma was transferred from Marjum, Dantewada Range to Karii, Geedam Range. The petitioner is fransferred to Beat Guard "Qeedam, Geedam Range. Thus, Ihe incumbent of Beat Guard Geedara, Geedam Range namely Mr. J.P. Mishra was transfen-ed to Beat Guard Nelsanar, Nelsanar Range. Thus, by the said Impugned order, three persons were transferred from one ptace to another ptaee. l:i 4. 6. asholc The petitioner has chosen not to implead other tvm persons who would /'^f directly be affected, by decision of the case, rf the same goes in favour of the petitioner. On querybythis Court, learned counsel categorically submitethat since thetransfer order is contrary to the transfer poiicy, it is not necessary to implead other pereons as party respondents because no one has been relieved, till date. Be that as it may, on perusal of the papers, it is evident that decision of the petitioner, if allowed, would advertty affected other two pereons, who are not impeaded as party respondents. Learned counsel submits that the petilioner does not want to implead any other person as party resoondent. Thus, for reasons stated hereinabove and also on the ground ihat the Retitioner is of the view that wtthout imDleadina other aforestated persons as party respondents, the order of the petitioner may be considered, as being bad, is dismissed for want of proper impleadment oflhe parties. Accordingly, the writ petition is dismissed. _____--——-~' r SAT^^ANGN^^ '\