-1 - Stnete Bencb c ^' . i 00 PETITIONER ... IN THE HON'BLE HIGH COURT OF CHHAmSGARHAT BILASPUR C.G. W.P. (S) No. (St'2-l^ 2011 Sharad Chandraker, aged 46 yeai's, Son of Shri K.R. Chandraker, Accountant, Office of B.E.O., Dhamdha, Dista-ict Durg C.G., VERSUS 1. The State Govt. of Chhattisgarh, Through the Secretary, School Education Departanent, D.K.S. Bhavan, Raipur C.G. 2. The District Education Officer, Durg ( C.G.) RESPONDANTS ... ',^vs^- ..**"*' ^•-f'^~AJ"' ..<•"" ^^5^^ ^•y"'' ^***~ 0<e6t.^- 3. Block Education, Officer, Dhamdha, Distt. Durg C.G. 4. Shri T.R. Sahu, Accountant, Block Education Officer, Dondi Lohara. Distt.Durg CG. WRIT PETITION UNDER ARTICLE 226 OF TI-IE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF MANDAMUS, DIRECTION OF ANY OTHER APPROPRIATE WRIT. HKTH_COIJET OT CHHA'mSGARH AT BIT -A8PI JR / /»^ WRFT PETmON (S) No. 6124 of2011 PETmONER : Shara.dC'handraker. VRRSIJS RE.SPONDENTS : The State Govt. of Ci Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSIITmiON OF INDLA SB: Hon'Ue Shri Satish K. Agnihotri, ,T. Present: Shri Somkant Verma.. Advocate forthe petitioner. Shri Ajil Singh, Pane! Lawyer fur Slie State/rcspundenl No. l lo 3. ORBRR (€)RAI.) (Passeu on 14B1 day ofOctober, 2011] The pe't.itioner imousns the order dafed 15.07.2011 CAimexiire P./l'), wfaerebv, the petitioner, workjna a.s Accountant m the ofBce of Block Edueation QfBcer. Dhamdha. has been transferred to Higher Secondary School. Borai, Diirs. on the around that the sa.me was not passed by a competeat. authority i.e. the Collector, in accordance withthe ooSiov deeasion dated 13,06.2011. 2. It appea.rs that the Iransfer order bas been aooroved bv the Colleotor, tflough the sa.me faas been passed bv the District Educat.ion QfEcer. Dure. The Detitioner faas chosen to a.oorQa< this Court. after more than two and haif months. thus. the importance ofauestioninethe Iransfer order does aot siiniive. as it aor'eare fhat the traasfer has been challeneed on accouat ofthe faet that ia some eases. the transfer order issued bv non-eomoetent ofSeer. has been cancelled. Ifthe transfer order has been comolied with, there is no auestioa ofreco'nsiderine the validitv ofthe same- 3. Traasfer is an incidence of service and the oetitioner. ia all matters is not likelv t.o suffer. if the pet.itioner has aSreadv acceoted bv joming the aew pia.ee ofposting. Thus, at this sta.ge, it is not proper to examine the lega.litv and validity ofthe uiiDuenedtransfer order. ^ 4. A_s a result, if the petitioner has aiready not been relieved, the - transfer order dated 15.07.2011 (Annexiire P/l) m respect ofthe oetitioiier, shall not be given effect. to, iintil a fresh order is na-ssed by the competent authority in public interest. and in administrati exigency. 5. Accordingly, tfae writ petition disposed of. No order ast.o costs. ^~ ,. ' Sd/- SATBH K. ANGNIHOM ^ Judge