1'? ^ HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition is) No. 3828 of 2005 Petitioner Versus Respondente :1. 2. 3. Arun Kumar Tripathi, Aged about 40 years, S/o Shri J.P. Tripattii, Chief Executive Officer, Janpad Panchayat, Ramanujganj (Ramchandrapur),District-Sarguja (Ambikapur) State ofChhattisgarh. Through- The ChiefSecretary Scheduled Caste, Seheduled Tribe, C%her Bactcward Classand Minority Community Welfere Department, MantraSaya, D.K.S. Bhawan, Raipur (C.G.). The Coltector, District-Sarguja (AmbUcapur) Chief Executive Offtcer, District Panctoyat, District-Sargula (Ambikapur) sg Hon'ble Shri Satish K. Aanihotri. J. "^ Present: Mr. S.K. Thomas, Advocate for the petitioner. Ms. Sunite Jain, Panel Jawyer for ttie respondents/Stete. ORDER (Passed on this 13th day of March, 2007) 1. The petitioner, while woridng as Chief Executlve OfRcer in Ramanujganj, District-Sarguja, was transferred to Kaitela, Disftrict- Korba, on the same terms and conditions vide impugned transfer order dated 14.9.2001 (P/1). 2. The Madhya Pradesh State Administrattve Trteunal, Bench at Raipur. vide interimorder dated 24.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 19.9.2001. By virtue of the interim order, the petitioner is continuingatthe original ptace of posting. 3. Be that as it may, with the passage of time this petition has become infructuous, as period of fransfer is not appticabte forever. At this point of time tfiiere is no question to examine the validjty of ^ the transfer order. However, the respondente are at liberty to pass appropriate orders keeping in view ttie public interest and adminlstrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principte of law that transfer is an incidence of service and it is for the empioyer to decide as to where a particular ofRcer/employee be posted keeping in view public interest as well as administrative exigency. This Court has timited jurisdiction to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved malafide, non- competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. In view of the above, this petition stands disposed of. No order as tocosts. Sd/- Satish K. Agnihotri Thakur Judge j-— " ^^