<' -1- c^ BEFORE THE HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPUR JC.GA W.P.(S) No. Lf^,0/ Of 2011 Manaram Sahu, S/o Shri Ankolaha Ram Sahu, Aged about 57 years, U.D.T., Middle School Govt. Middle School, Tekadorha Block Dondi, District Durg (C.G) PETITIONER RESPONDENTS ^ .^%^ ^€^^ ^'^'"x^ ^' .'-^'~ ^"'^^ ^' VERSUS l."State of Chhattisgarh Through - The Secretary Tribal and welfare Department D.K.S. Bhawan, Raipur (C.G.) ^\ .. _. - _ • 2. Collector District Diu-g (C.G) 3. Assistant Commissioner Tribal and welfare Department Durg (C.G) WRIT PETITON UNDER ARTICLE 226 OF THE CONTITUTION OF INDIA FOR ISSUANCE OF WRIT OR MANDAMUS7DIRECTION OF OTHER APPROPMATE WRIT. 'ETiTIONEF HIGH COURT OF CHHATTiSGARH : BiLASPUi VVRiT PETITSON fS'; No. 4S01 OF 2011 i Manaram Sahu RESPONDENTS Versus itate of Chhatiisgam & Others (Writ Petition under Article 226 of the Constituiion of India) Singie Bench : Hon'bie Shri Satish K. Agnihotri. J. Shrl Ajay Shrivastava, Advocate for the petitioner. Shri Arun Sao, Governmeni Advocate for the Siate. ORDER (ORAU (Passed on this 12tit day of August, 2011) Learned counsei appearing for the petition^r submits that under the transfer policy dated 13.08.2011 (Annexure P-2), it is cieany stated that the Coi!ector aione is competent to transfer the empioyees belonging to Class-111 & IV seroices on proposai made by the oiher departments in approvai of the minister in-charge. !n the case on hand, it appears that the Assistant Commissioner without foliowing the guidelines issued in the transfer policy had passed the order impugned, when the Coiiector 'nas been assjgned the responsibility of transfer of fhe employees working in the concerned district, on proposai of the concerned departments. Thus, this suffers from tbe defect of competence of the ofncer. Accordingiy, t'ne transfer is unsustainabte in the eyes of law. As a result. the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. However, iiberty is rssen/ed to the government to pass an appropriate order, if so advised, in accordance with administrative exigency and in pubiic poticy, in accordance with !avi/. AccordingSy, the writ petltion is allowed to the above-extent. No order asto costs. J • . c^/ ' &ATISH K. ANGNMOM . Judge ashok