IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION [51 NO.'S^00 /2008 PETITIONER : -'".'^ ^M^ ^.-•"' .,••' <?^%t^> l^'x'- .--^5?yo>' fc •^- %.-' \k RESPON&ENTS Vs Kirtan Prasad Srivas, son of Shri Bhojwa Ram Srivas, aged 45 years, Supervisor, Khadi Udpadan Kendra, Sariyabandh, bistt. Raipur. 1. State of Chhattisgarh Through; the Secretary, Ministry of Gramudyog, &.K.S. Bhawan, Raipur. Chhattisgarh Khadi Tatha Sramudyog Board, through its Managing birector, Chhattis9arh Khadi Tatha Gramudyog Board, Raipur. WRIT^ETITION UNOER ARTICLE 226 OF THE CONSTITUTIPN OF INblA Z.The ^ HIGH COURT OF CHHATT1SQARH AT BILASPUR Singls Bench : Hon'ble Mr. Justice Prltinker Diwaker PETSTIONER Writ Petition (S) No. 3800 of 2( Kirtan Prasad Srivas Versus State of Chhattisgarh, & another. Mr. B.P. Sharma, counsei for the Detitioner. Mr. Y.S. Thakur, Dy. Advocste Gensra! 'A'ith Mr. An/ind Dubey, Kanel Lawyer tor tne State/respondent No. I. Mr PK Ti!i<sv?»n !rniin<;pJ fnr r^tsrir'inHont Nn 9 WRIT PETITiON UNDERARTICLE 22S OF THS CONST'TUTSON OF !ND!A fi A n7 iftnQ\ •^ I *T.^ < .—V/Wlhf^ With the consent of the Darties, the matter is heard finaiiy. Challenae in the instant writ Detition is to the order dated 30.6.2008 (Annexure-P-3) oassed bv the resoondent No. 1 whereby the petitioner was transferred from Khadi Utpadan Kendra. Garivaband to Khadi Utpadan Kendra, DimraDal. in violation ofthe transfer Doiicv. This petition was filed on 16,7.2008 and the stav was granted in favour ofthe Detitioner vide order dated 21.7.2008. Contention of the counsel for the oarties is that this Court may quash the imDuaned transfer order bv giving iibertv to the respondents to pass fresh order if administrative exiaencv so warrants. In view of the submissions of the counsel for the respective parties and lookina to the fact that the Detition was filecf on 16.7.2008 and stav was granted in favour of the oetitioner vide order dated 21.7,2008, the impugned order dated 30.6.2008 so far as it relates to the Detitioner is herebv auashed. However, the resDondents shall be free to oass the ordfer afresh if admsnistrative exigency necessitates the same. but before Dassing anv such order the authority concerned must ensure that he is comDetent under the law to pass any such order. With the aforesaid obsen/ation, the petition stands disposed of. Sd/- Pritinker Diwaker Judge