® C$\W Single Bench IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION S NOLFIgg OF 201 1 / PETITIONER: Nilam Tigga, S/o Late Shri Larens Tigga, aged about 39 years, presently posted and working as Pre Metric Boys Hostel Superintendent, Village and post Ranhat, Balrampur, District Sarguja (CG). Versus 7 / RESPONDENTS : l. State of Chhattisgarh, Through the Secretary, ‘ Department of Tribal Welfare, DKS Bhawan, Mantralaya, Raipur (CG). 27 Collector, Sarguja (CG). 3. Assistant Commissioner, Department of Tribal Welfare, Ambikapur, District Sarguja (CG. ,1 4. Block Education Officer, Balrampur, Sarguja (CG). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ‘7 / HIGH COURT OF CHHATTISGARH : BILASPUR Z% (Writ Petition under Atticle 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Sanjay Patel, Advocate for the petitioner. Shri Arun Sao, Govt. Advocate for the State. /sr em. ORDER (ORAL) (Passed on this 19‘“ day of August, 201 1) Heard learned counsel for the parties. Learned counsel appearing for the petitioner submits that the petitioner, working as Pre Metric Boys Hostel Superintendent, village and post Ranhat, Balrampur has been transferred to Middle School, Karonda, Kusmi, vide order dated 15.07.2011 (Annexure P/1) stating it to be on his own request. In fact, the petitioner never made any application for transfer from his present place of posting. Thus, the same is bad in Iaw and does not come within the purview of administrative exigency. Shri Sao, learned Government Advocate appearing for the State/respondents submits that indisputabiy, there is no application on record, making a request for his transfer, thus the impugned transfer on his own request was not proper. ln view of the foregoing, the transfer order 15.07.2011 (Annexure P/1) is vitiated being contrary to the well settled principles of law and is accordingly quashed in respect of the petitioner. However, liberty is reserved to the competent authority to pass a fresh order in administrative exigency and public interest, it necessary. Accordingly, the writ petition is allowed to the above extent. Sd/- SATISH K. ANGNIHORI Judge Gowri , WRIT PETITION (S) NO.4753 OF 2011 PETITIONER Nilam Tigga Versus RESPONDENTS State of Chhattisgarh & Others