o'. 1 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.NO. '2-~^ s^- / 2005 Petitioner Respoades&ts y »^' ^J y^y ^ ^. ?'' ^// ^'" Versus :1. 5. Rajkumar Deshmukh S/o Late G.R.Deshmukh, Aged about 41 years, Occupafion - Police Constable, R/o Village - Saloni, P.0 - Mahud, P.S - Gunderdehi, Dist: Durg-(C.G.) State of Chhattisgarh, Through the Secretary, Dept. of Home, D.K.S.Bhawan, Raipur- The Director General of Police, Chhattisgarh, Police Headquarter, Raipur, Dist : Raipur - (C.G.) The Asstlnspector General of Police, (Selection), Police Headquarter, Raipur, Dist: Raipur - (C.G.) The Sr.Supdt. of Police, Dist : Durg-(C.G.) The Supdt. Of Police, Dantewada, Dist: Dantewada- (C.G.) WRIT PETITIQN UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA W^T^TTq? ^wT"<4i^irt<l, yal<<i<i<a, RIOI^^ .•P..-^j=>--.-S'^.5:^J.. ••I•••••••••.• •'• • ».VS~iT» •»'•(••••••'•••» 23 W^200r 3T^$T q^^ (%=li^6<<€S) TY^^TcCTf^Ffi^ \ tff3n^T^h*{f4» ^ T—3 ^ ?;Fcrrwr^cr ^n^^T direct^d 08.07.2005 Mr. R.S. Baghel, learned Mr. Pankaj Shrivastava, te^rned Chhattisgarh. Heard. The petltioner has flled Constjtution of India challengil (Annexure P-1) whereby on petitioner back to the Home Department, he has been Durg. Leamed counsel for the was appointed as Constableandl was a Naxaiite affected area effect from 25.04.2003 the petit(oner was working at Durg. On repatr|ation petitioner was directed to join at] dated 10.06.2005 (Annexure P-1|; As per the pollcy ofthe governr^< for transfer only after he has affected area. So far as the question Department to the Home Departr|ient not interfere with the order of th^ lien in the original department i.e{ sent to the Transport Departm^nt c^unsel for the petitioner. Panei Lawyer for ttie State of th|s petitlon under Articte 226 of the ih9 the order dated 10.06.2005 r^patriatjon of the semces of the Department from the Transport to be posted at Dantewada from <chl^?<^41-l^!E^^T^f^Ct ^T^T^ ^3T^PT3?T^$T pjetitioner submite tiiat the petitioner |was posted at Rajnandgaon which 30.11.1991to20.01.1993. With was sent on deputation and to the Home Department, the [Dantewada by the impugned order I) which is a naxalite affected area. ^ent a constable can be considered sp^nt 15 years of service in a naxalite |af repatriation from the Transport is concerned, the Court shoutd respondents as the petitsoner has the Home Department and he was on deputation. There was no looo ^3wT<-^141rt4,^TTl'(-<<|c»,f6|rtl1<-l^ 24 TFIcn^TT^ 3Tr^$Tcy7Tf^TTcl7 _ ' ^$T^HN? ^ 1" U-^.io^,S,3'S-.L<. 3TT^?T^f^ (l}clt36HS) ^200^- ^mSR^rf^TW^^T - 2— wwn gri@|vances period specified in the deput^t employer to repatriate the petit|i The prayer with regard to qu^s rejected. In view of the facts stat^d petition can be disposed of representation to the authority from today raising aII his being fiied by the petitioner, tl^e ancf decide the oase oftransfel law and the policy framed in thi^ from the date of submission of| However, the order dated 10. respondent No.2 transferring th^ given effect, till the represen^ation concerned. Ordered accordingy In view of the foregoin^, finally. tion order, as such it was for the oner back to Ws original department. ishing of the order of repatriation is ^i^fo^Tl^i +<i+i^T^"f^l<t ^FJI^I^ ^3rf^:T3TI^$T above, 1 am of the opinion that this liberty to the petitioner to make a toncerned within a penod of 15 days and on such representation |e authority concemed shall consider of the petitjoner in accordanoe with regard, within a period of one month |the representation by the petitioner. P6.2005 (Annexure P-1) passed by petitjoner to Dantewada wijl not be is decided by the authority I, this petition stands disposed of Sd/- Satish K. Agnihotri Judge ^ ^ SP/FS/2005-20,000