^ ><?€- BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.U(^3 /2011 PETITIONER ^ . /^'**\ .^s^ ^ss^ ^-^' .^''...^ ...-•'"• ^'^y ..-••" RESPONDENTS / Santosh Kumar Sahu, S/o Late D.L. Sahu, aged about 42 years, R/o Station Para, Ward No. 9, Khairagarh Road, Rajnandgaon, District Rajnandgaon (C.G.) VERSUS y\. StateofChhattisgarh, Through: the Secretary, Panchayat and Social Welfare Department, D.K.S. Bhawan, Raipur (C.G.) 2. Zila Panchayat, Rajnandgaon, Through: Chief Executive Officer, Panchayat Bhawan, Rajnandgaon (C.G.) 3. Shri Vivek Choubey, Care Taker, Observation House, Durg, District Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTiTUTjON OFINDIA. ^' ^^ HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0.4193 Gf 2Q11 PETITIQNER Santosh Kumar Sahu RESPONDENTS Versus State of Chhattisgarh & Others ^. (Writ Petition underArticle 226 and 227 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Anup Mazumdar, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the State. ORDER (ORAU (Passed on this 12th day ofAugust, 2011) 1. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks to chalienge the legality and validity of the order dated 11-7-2011 (Annexure ~ P/1) by which the petitioner working as Peon, in Zila Panchayat, Rajnandgaon, has been transferred to Observation House, Durg. 3. At the very outset, learned counsel appearing for the petitioner submits that the issue involved in this petitton is asto whether an employee of one Panchayat can be transferred to another Panchayat, without its consent. The said issue came up for consideration before this Court in Om Prakash v. State of Chhattisgarh & Others, wherein it was held that an employee of one Panchayat cannot be transferred to other Panchayat without agreement/consent of the Panchayat and employee. Thus, the instant petition may also be disposed of in the same terms. 4. Learned counsel appearing for the State does not controvert the above submission and submits that this petition may also be disposed of in the same terms. 5. In view of the submission made by learned counsei appearing for the parties, this petition is disposed of in terms of the order passed in Om Prakash (supra) i.e. the impugned order dated 11-7-2011 (Annexure P/1) in respect ofthe petitioner, is quashed. Sd/- Gowri Satish K. Agnihotri Judge \]