® A (1;)? ImfZ/ WW 3mm 1N THE HTGH COURT OF CHI-IATTISGARH AT BILASPUR WRIT PETITION (S) No. @§% 6 OF 2010 ‘y/ PETITIONER R.K. Bhojasiya , S/o Shri M.L. Bhojasiya, aged about 50 years, Occupation— Service, posted as Executive Engineer at Municipal Corporation, Korba , R/o Quarter No. G—6, Nagar Nigam Colony, Kosabadi, Korba, Tahsil and District— Korba (C.G.) ' V E R S U S RESPONDENTS 1: State of Chhattisgarh, through Secretary, Urban Administration & Development Department, D.K.S. Bhawan, Raipur, District— Raipur, (C.G.), 2. The Under Secretary, Chhattisgarh Government, Urban Administration 85 Development Departrrfent, D.K.S. Bhawan Raipur, District- Raipur, (C.G.), 3. Commissioner cum Director, Directorate of Urban Administration 85‘ Development, Chhattlsgarh Raipur District- Ralpur, (C G ) 4. Deputy Director, Sthaniya Nidhi Sum Parikshak Korba Dlstrict— Korba (C G ) / 5. The Collector, Korba, District Korba (CG). (f 6. The Joint Director, Urban Administration and Development, Regional Office, Bilaspur (CG). 7 . / Comm1ss1oner, . . Mun1c1pa1 . . Corporation, Korba, District— Korba, (C.G.). 8. (The Deputy Director, Esthaniya Nidhi Sapariksha, Ghantaghar, Korba, District- Korba (C.G.). WRIT PETITION U[A 226 OF THE CONSITITUTION OF INDIA HlGl-I COURT OF CHHA'ITISGARH AT BILASPUR RESPONDENTS : Stats ofChhattisgarh & Others. WRIT PETITION U/A 226 OF THE CONSTITUTION FO INDIA‘ S3: Hon’hle Shri Satkh K. AgnihottLJ. Present: Shri Awadh ’l‘ripathi, Advocaxe‘for the petitioner. Shri Ajay Dwivedi, Deputy Govemment Aévocate for the Stale. Shri B.D.Gutu, Advocate for the r‘espondent— Municipal Comaration, Korba. .. .. .. .. .. ORDER ORAL (Passed (m 23 day of 311m, 201 I) 1. Learned. counsel appealing for the petitioner submits than the“ petitioner was promoted to the post of ExecutiveEngineer oom the post of Assistant Engineer, videordet dated 13.10.20087(Annexure P/3). Later? without wording any opportunity ofhearing, the said promotion order was suspended vide order 29.09.2009 (Anneme P/l). Thereaiter, by order dated 13.07.2010 (Annexure P/2)», the petitioner has been transferred ti‘om Kotba 1J0 Raipur on the post of Assistant Engineer. 2. Shri Tripathi next submits that the instant petition is squarely covered by a decision ofthis Court in Sheet Chand Jain &Another v. State of Chhattisgarh & Others} and other connected matters, .. wherein this Court. has set aside the order of cancellation of promotion. 3. Shri Dwivedi, learned State counsel does not oontrovert the submission made by learned counsel fbr the petitioner and. submd's that in the above facts and circumstances, the impugned ’ were) No. 671012009 '<. \ x n WRIT PETITION (S) No. 3586 of2010 ‘ é 0 PETITIONER : R.K.Bhojasiy& VER3US transfer order requires tohbe moditied as it is, indisputable that b the impugled order, he was placed on a lower pest. 4. In View ofthe above stated facts and submissions made by learned counse1 appearing for the parties, the impugled orders dated 29.09.2009 (Annexure P/I) and 13.7.2010 (Ameme P12) in respect ofthe petitioner, are quashed reserving iibetty to the State. to pass order airesh, if so advised: in public interest and adminisn‘ative exigeney. 5. With the aforesaid observation and'direction, the writ petition is sw—V " 7" er 4 Satish K. Agnihotri disposed of. >” Amit Judge ‘ y