T ^ c- ^-. GT':' HIGH COURT OF CHHATTISGARH AT^ILASPUR Writ Petitiou No. 3084 of 2003 Petitioncr Suresh Kumar Shanna, a^ed about 48 years, SonofShriJ.L. Sharma, Forest Ran.ge Of&cer, Gariyabaad Range, District Raipur (Chhattisgarh). Versus Respondents 1. State of Chhattisgarh, through : The Principle Secretaiy, Department of Forest and Ciilture, Goveininent of Chhattisgarh, D.K.S. Mantralay, Raipur (Chliatdsgarh) 2. The Principle, Chief Conscrvator of Forest, Departnient of Forest, Jail Road, Raipur (Chhatdsgarh). 3. The Divisional Forcst OfBcer, East Raipur Division, Raipur (Chhattisgarh). 4. K.L. Nirmalkar, Forest Raager, Workmg Plaa Raipiu- Forest Division, Raipur (Chhattisgarh). Single Bench ; Hon'blc Mr. Justicc Satish K. Agnihotri. Shri P.K.C. Tiwari, Senior counsel with Shri Shaslii Bhushan., counsel, for fhe petitioner. Shri Paakaj Shrivastava, Pasel lawyer for the respondents No. 1 to 3/State. Shri Ajit Singh, counsel for titie respondent No. 4. II! l;tl ORAL ORDER (l't Febmaiy, 2006) The foUowing order of the Court was passed by Satish K. AgnUiotri, J. 1. Leamed counsel for fhe petitioner subnuts fhat fhe petitioner was worfcing as Forest Raage Officer in Gadyaband Range, East Raipur Division, Raipur. 2. Vide order dated 24.9.2003 (Annexure P-1), the respondent No. 4 was transferred from Raipur Division to Raage Of&cer Gariyaband Ran.ge, East Raipur Division. ?G 6. The petitioner has filed fhis petition uupugning the order dated 24.9.2003 (Annexiuc P-1) on the ground that the respondent No. 4 could uot have been transferred to the post of Forsst Range Officer, Ganyaband Range as the petitioaer was ah-eady working as Forest Range OfGcer, Gariyabaad Range. The petitioner has not been transferred froin his place of postiag as Forest Raage OfGcer, Gariyaband to any place. This Court, on 29.10.2003, whUe issuiag notice, directed that the petitioner would not be directed to handover the charge till the next date of heariag. This order was neither ainended nor set aside. Subsequently, it was brought to the notice of this court fhat order dated 31.10.2003 (AnnexuTe R-l), fhe Conservator of Forest, Raipur Circle, Raipur has sought to post the petitioner as Depot Of&cer, Gariyaband, ia spite the fact that this Court has directed the respondents not to direct the petitioner to hand over the charge of his place ofposting ie. Forest Range OfBcer, Ganyabaad. After graat of uiteriDi order inore than two years have passed. It is weU settled principle of law that it is for fhe employer to post aa employee in fhe public interest aad in admirustrative exigency. This Court should not interfere in exercise of its jurisdiction under Article 226/227 offhe Constitutioa oflndia, in the transfer niatter except ia fhose cases where fhe order has been passed by an iacoinpetent officer or in violation of statutoiy Rules and Regulations and/or on the ground ofinalafide exercise ofpower. In fhe present case, the atlegation of fhe petitioner is that the respondents No. 1, 2 and 3 have passed the unpugaed order, whercby titie respondent No. 4 has been dirccted to be posted at the place where the petitioner was ah^ady working, Be that as it niay, the petitioner has already enjoyed his posting as Forest Range OfiEicer at im IE; Batlii Gariyabaad by virtue of the iateriiu order dated 29.9.2003. In fhe facts of the case, it is not necessaiy to consider the case on merit at this stage. Fuither, the respondents No. 1, 2 and 3/ einployere arc at Uberty to post the .petitioner and the respondent No, 4, an.ywbere, keeping in view the adniinistiative exigency and pubUc uiterest, without insisting compliance of its eaTUer transfer oider dated 24.9.2003. For the reasons stated above, titie petition stands disposed of. No order as to costs. Satfsh K: Agmhotri Judge