0-^i^Z c- -^ IHTHEHQI'BLE HIGH COURT OF CHHATTZSGARH AT BSLABPUR W.P.ISINo. <^/2-/2009 Brajendra Singh S/o Shree Uday Bhan Singh, Aged about 37 years, Presently working as Assistant 3-^\^ ^^MTI^1 '^••^ RESPONDEHTS ^^ ^ ^ Y^'.-.-^'fe^5' Vetenary Field Officdr and posted ^ ^.••^"n^" at Artificial Insemination Centre, Khaliba, District Surguja. (C.G.) VERSUS 1 State of Chhattisgarh, Through-Secretary, Department of Agriculture (Animal Husband^), Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2e Director, • . • Vetenary Services, Raipur, (C.G.) 3. Assistant Director^ Vetenary Services, " Arnbikapur, District Surguja(C.G.). 4. Collector, District Surguja, (C.G.). WRIT PETITSQIi UNDER ARTICLE 226 GF CONSTITUTION OF IHDSA. HIGH COURT OP CHHATTISGARH AT BILA8PUR PBTITIONER RESPQNDBNTS WRIT Writ Petition tS} No. 5012 of 2009 Brajendra Siagh VBRSUS State of Chhattisgarh & others PETITION UNDER ARTICLE 226 OF THE CONSTrrUTIQN QFINDIA (SB: Hon'ble Mr. Satish K. Agpihotri, J.) Shri Mahendra Dubey, Advocate for fhe petitioner. Shri A. V, Shridhar, Paael Lawyer for the respondeats. O RD E R (Orall (Passed on this 9th day ofMarch, 2010) Heard. 1. The petitioner, by this petition, iinpugus fhe order dated 11.11.2008 (Annexure P/l) and the order dated 26.8.2008 (Annexure P/4). 2. Leamed coiinsel appeanng for the petitioner subxnits fhat fhe petitioner, whUe workiag as Assistant Vetermary Field Officer, Artfficial Insenunation Sub Centre Bishrampur, was traasferred to Ambikapurby order dated 22,7.2007 (Annexure P/2), Accordingly, fhe petitioner joirxed at Anibikapur, Subsequently, by order dated 22,8.2007 (Annexure P/3) the petitioner was directed to work at Khaliba. The petitioner agaia complied with the order dated 22.8.2007 aad joiaed at KhaUba. Thereafter, by iaipugned order dated 26.8.2008 (Annexure P/4) fhe earUer transfer order dated 22.7,2007 (Annexure P/2) was caaceUed, Accordiag to the petitioner, fhe order dated 26.8.2008 was never served upon fhe petitioner. Now by fhe unpugned order dated 11.11,2008 ( Annexure P/1) fhe petitioner has been directed to be reUeved to l^ Thakur joia the post as he was working before 22.7.2007 ie. Artificial Insemiaation Sub Centre Bishrampiir. 3. On tlie ofher hand learaed counsel appearing for fhe respondents subxnits fhat the transfer order dated 22.7.2007 was passed by the respondent No.3, who was not conipetent to pass such an order. Thus, fhe inatter was reported to fhe Secretary to fhe Gtoverainent on 10.8.2007 (Annexure R/2) aad accordiagly by order dated 31.8.2008 (Annexure R/3) the toraasfer oider dated 22.7.2007 was caaceUed in respect ofatl the 12 persons. 4. I have heard learaed counsel appearhig for the parties aad perused fhe documents appended fhereto. 5. In fhe opiaion ofthis Coiirt once fhe tcaiisfer order is executed, it is not necessaiy to cancel fhe same after a period of about one year. The employer is ahvays at Uberty to pass aa order of traasfer aad posting of an employee, keepiag in view the admjjaistarative exj^ency aad pubUc mterest. 6. In view of the foregoiag, fhe impugned order dated 26.8.2008 (Annexure P/4) is quashed. However, Hberty is reserved to the respondents/eniployer to pass aa order, if so advised, ia accordaiice with law, keeping ia view fhe public interest aad admiaistrative exigency, No order asto costs. Sd/- SatishK.Agnihotri Judge