BEFQRE TE§E E§E€’ELE E-IE%H €Q33RT $F CEEA’E‘TE§§A EELAS?UE in tie rain: o§ w 13 No I /% L( mm» /.‘ f rETETi§¥ER / UMA PRADAD UPmA AGED ABGUT a7 YEARS oeN OF LATJ; bHR} BH WAN LAL (JU A t RébIDENT OF NEW SHAVTI ¢$\® AAGAR BEHIND CHOP CGMPLEX RAIPJR DISTT RAIPbR A” CG) PRESENTLY WORKNG As a“??? 4. ( ASSISTANT AARANJ, RAIPUR ENGINEER, (0(1) C.S.E.B’, VERSUS 1 . CHHTTISGARH STATE ELECTRICETY BOARD, THROUGH : SECRETARY, ELECTRICITY BOARD OFFICE, DANGANIYAN, RAIPUR (ca; - 2. SUPERINTENDING EN GIN EER, C.S.E.B‘ DANGANIYAN RAIPUR. 3 . EXECUTIVE ENGINEER (OPERATION AND MAINTENANCE) C.S.E.B., DANGANIYAN, RAIPUR {CG}; / _/’ ETITION UNDER ARTICLE 226/227,;J0F THE CGNSTITUTION OF iNBiA FOR ISSUANCE OF WRIT IN THE NATURE OF MANEAMUSI CERTIQRARY AND l OR ANY QTEEER WRIT OF A LIKE NATURE. R‘ RESPONDENTS A P al for th€ .patitienér, i : $1111 R S J&swal (201111361 For f11€ respolidenté.‘ V fithe Conshtutloo of Indla The )eiitioner seeke to challenge the order : ¥ N6 2521 dated 266 2003 Wh’reby he hasr been hanefeu‘ed floim’: Aaraua to Dongai gaih Chowky DiviSion'ami th€ Grdar baaxhig N0. t S b Shn Kshom Bhadun C011 : 1 f 'Thse peimonm hen: prefami “ibis petiti0§ undEr Articla 226,! 227, . ()1/ 15} Estabhshment/3297 d ed 1<1 7 20(32 fhe petmonm was hagsfermd fwm Nawapala R‘ 1m Sub D1v1$1011 to Aarang under Execumm Engme §Ok€1a€1011 and Mammnanm Diuslon) CSEB Ralpur The petltlena ls walkn 6 $11106 1970 alld dunng 111s sswxw v: .camer h€ haS bssn pasted at 111 y places, mhlch aw sald t0 be 11113811 Aygas fm mow than jive 37 Howsver lastly the psu’uonsl was‘ peStéd at Aalang flem Wher 11mm a penod 0f 11 months. he has been msferred to Dellgagaih Chowky The petltlonel 1s to Iehre flom 1115 sexmces on 31 1’? 200? s being superajluuateé Accordmg t0 ‘ the pohcy of Chhattlsgalh State ‘lectnmty Boaid the Oiiicels who ale: f0 he attained the ace of sup atlon w1t11m a yea1 are to be posted‘ neaL to then home town B681 es ”(111$ 1t 1s furthel submitted that‘ - w I v - undel the sald Clrcular 1t 1Q als prowded that unm and unless 1t 1s V not extlemely necess1tated the e ployees,’ ofi'cers eoould not normaBy be transfened w1thm three ye ~51 of 111s Jommg The petihonei 1s' V yelmanent lesment of Ralpur has one son and one daughter who . ‘ s ¢ e 1 e u ‘ ‘ XI{HC-22_ _ ~ «K ~ \ w . '1 mamniwm *mm 31¢ age. The peuummr desirés:a.ud wishss ,r i maniagés p”1'()r m his 1‘6tirement and as also :11 accordance With thc direchons: 1 1t ls expcdmnt that thc petitioner Should L " Jaw attamed the maluiagea‘ that 116 COuld settle than“ mm efom 1t W111 be convmu of {ha cuculax Amlexurc be posted at Ralpul which 1 ‘ 111$ home town v I ‘9 I The petuonei ls a atlent of Blood Sugal beSides being a ‘ 5’ ‘ x ‘ ’ ’ i 2’ pailent of Hlgh Blood Press re aad Caldlac dlsease Even omemise 1t " l L 1s not sultable for the pen 'oner to work hard on the lield and the l wmksite The petmoner 1s preeently Gwen to understand that the ’ ¥ ‘ ~ admnnsnatwe exwency in (a he can be adjustedfposted at Ralpur The pefltloner 1s to leme on l _ i ‘1; I ’31 «12 200’? 1e after about nve months so m accordance With the N cncmal the respondent Bo d can vely wed post the pehtloner 1n Ins home town at Ralpur c1tV T e1 efore the transfer olders Annexure P/ 1 l and P/ 2 be quashed 1n acco ance Wtth the cnculai Annexme P/o Retunl has been tiled on behalf of the respondents 1n which 1t has been mentioned that petmoner has challenged the transfer Older dated 04 3 2003 by Winch he has been transferred fiom I Assmtant Englneer, Aaia Sub—Dtwsion [to Chowki Sub division, Y; been xelieved by’order dated 26.6.2003 i; Engineer has joined in place of the petitionei at Aaiang on 1 7 OGQ The pentoner has filed this petition Dongalfgarh. The petitioner and ‘Shri S.D.‘Diwan, Assi 7 on 211d July, 2303 after hem relieved on 26 6 2003 The penormance V of the petitioner was not ansfactory and theie were complaints regaiding wo‘klng Though e was posted at Aarang which is 36 k m ’ from Raipur but he used to ome to Raipur in the evening leaving the V e P/ ’e n V s t s X-HC-22- I . Th€ Board 1Ssued she w cauw names iiattad 18 9 2002 eud " ; power bleak down. Tnele was aitotai powei failure for quite sometime lsttar te fhe Boara mgaxdmg absanw ; The'Sta‘ie MiniSter alse wraté' a ataiiGIl and grgat dissatiSfactiel1 §l10w1x laints mack by than; and requesEd f0: uligilmsr Chowki Divisien was 131mg plants made abanst tbs pp‘tltmxmr it 1 111m on admmisuauve 16qu11€maxit ansfer the employ ee on administrative - 1strat1ve gwunds has transferrsd th / Vkl Sub D1V1310n, an§ ulilmately 1t has“; , o o 1 r “003 arci L16 p€t1t10ner was p st€d at Lh€ prasmlt piacs on 11 7 2002' p therefore on the date of trans er 1e 24 3 200? the petltloner was to. ‘ mum writhln a period of arm 376 r 011 th€ basls {3f thc mlevant cucula , iaCEd rehajlce 1s dated 18 6 19 o e m iviSiGn unattamkd. On 17.9. 2002 and 4.2.2003 break down took I ~, place at Aarang Sub—Division adthe petitioner Was not present and ‘ 7 aiso deeh'ned to come at the spht in spite of the direction issued by his r ~ i SPmox‘ 11 2 20G3 to the p€t1t10nel f0“ bang absmlt unauthonzcaly and fey of th€ pctitionm‘ £13111 the SubE by the ganer& public and comp § tralFfCr The post of Ass1stam ‘ vacant euld loekmo i0 the con: ’ was thought proper to transfe ,1 The employer has a right to t1 § reasons. The Boazd on achmr $ Qefitioner i‘i‘omAarajlg to Chov ‘” oeen menuoned that the Qehtl I hav6 head leam1€d c sc1 for the parhss Th6 facts W Inch ma V not mepllted are *ha‘t 1e petl ouer Wm be leunnv on 31$ Decembe ee till 1etuema1t, 111 the casp of claSb- ; Of thé Chairman and in fhc Cjase o 1 b6 dlsmlssed (ea \ p 98 ‘ ugon Winch both the eouns i C1au~e 12 of th1$ cmculal t1 v1deb that the onicelsfemployees wh ' have ft With on1y on a l I \ and elaas ‘1 with the peimls n f w class III and class IV Wlth th. henmssmn of Engmeenln-Chwf an D ‘ V a l v d XI—-2 HC2 > r be posted 1n all poss1b111tles his retusment But 1t sssms that}; ”£116 ampleytza who has dedica‘iion muSt be. accommc t0 sbiil‘ua his family at his ho sgniice mead and conduct €mp10yer to take such a dec1 lause if we look in to the Almexure R} 1,, é 111 Vlsw of f11€ abeve R/2 and Rf3 l do not find that too looklng to the admmlstrative exigency effolts shouldbe made to post that ohicei/ employec 1n Ls home town , If we look at tlns clawe 1t does not give naht to an employee to 1n 111s hometown when 011$ y€a1 ls 16ft m that this circulal has 136611 issued to s66 sawad ths Board with 'aE sincsrity and dated at the fag elid of his career in order metown, That can be done only when, the 0f the employee is good and permits the 31011. 1y justitlcat‘ion to grant any disoretionary Older in favour of the petitio er. These annexure Shows that petitioner. has? been transfened only ol‘Eioialwork. The oetitioner petition ta dismissed. n account of his insinceu'ty. towards the not entitled for any‘relief. Themfore, the I Sd/- L.C.BHADOO L, Judge L [dééfw‘tp