^ .l.»-ssv>-M& HIGH COURT OF CHHATTISGARH AT BILASPUE WntFetitioni;S)No,38Sof20C@ PEJJTTQNER • Shishupal Yadu, S/o R.P. Yadu, Aged about 48 years, presently posted and working as Sub Divisional Officer, Water Resources Sub Division, Gariyaband, Raipur District Raipur (CG). VERSU8 ENTS : 1. State of CMiattisgarh, TSirougli The Secretary, Department of Water Resources, DKS Building, Mantrlaya, Raipur (CG). 2. Joint Secretary, Department of Water Resources, DKS Buildiag, Mantrlaya, Raipur (CG). 3. Engmeer-in-Chief, Water Resources Department, Sihava Bhawaii, Raipur (CG). 4. N.R. Banjare, Asststant Engineer (Rurai), Water Resources Division Rudri, District Dhanitari (CG). (WKST PETTTION UNDER ARTICLE 226 OF THE CONSTTTUTIOpJ OF INDIA) (SB: Hon'ble Mr. Satisii K. Agnihotri, J.) Shri Vivek Ranjay Tiwari, Advocate for the petitioner. Sliri Ajay Dwivedi, Panel Laviyer for the State/respondent No.l to 3. ORALORnER (Passed on 16 ofjjuiuaiy, 2008) The petitioner was working as a Sub Divisiona! QfEcer, Water Resources Department, Sub Division, Gariyaband, District Raipur. By impugned order dated 05.01.2008 (Amiexiire P/l) the petitioner has been traiisferred as Assistant Engineer (Rural), Water Resources Management Division, Rudri, District Dhamtari, in place of Shri N.R. Baiijare (respondent No.4). The order has beea p^sed in coordinanon of the Chief Minister, iii accordance with tratisfer policy for the year 2007-08. Leanied couasel appearing for the petitioiier submits that the impugiied order is bad iii !aw on two grounds. Firstly, as per transfer policy, the petitioner could not have been transfeiTed because at that time he had not completed three years at a particular place. Secondly, the traiisfer order has been passed to acconBiiodate respondent No. 4 in whose place the petitioner has been transferred. Thus, this is malafide exereise of power. ~- ISMSS-ear' plSsasA.a. 3. On hearing and pemsal of the pleadings aad documents appended thereto, the submissions of the lea-med counsel appeariiig for the petitioner is noticed to be rejected on simple ground that the condition ofthree years is not a mandatory aiid it is as far as possible, in view of the adniinistrative exigency and public iiiterest, transfer eaa be made by the employer/State. With regard to malafide, traiisfer ofthe petitioaer and posting of other person to Siis plaee doss not amouat to malaiide exercise of power. The comisel for the petitioner could not establish stroiig malafide as is required in case oftraiisfer. 4. Ia view of foregoing, this petition is devoid of merit. Accordingly, netition is uisniissed at motioc staee. No order asto engts. T:'-' Sahu Sd/- SatisbK.Agn*hotn Judge