1*1 ^s^/ fc^i^" t-"" \v. >w" J,<A<^,.A.-'^ >r~ /(S-CT IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. ^ g^ ^ OF 2008 SERVICE MAHER^-- WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF GERTIORARI MANDAMUS, PROHIBITION AND/OR A SUITABLE DIRECTION OR ORDER TO DO JUSTICE INTHEMATTER " . Ashok Kumar Dubey S/o Late Shri S.R. Dubey, Aged about 54 years, presently posted as Principle / .Assistant Director in Panchayat Secretary Training Institution Jagadalpur, District Bastar (C.G.) j PETITIONER RESPONDENTS ^ dik) « ^Z-^t^ ^k ^n^ VERSUS ~ 1. - StateofChhattisgarh,Through:Secretary, Department of Panchayat and Social Welfare D.K.S. Bhawan, Mantralay, Raipur (C.G.) 2. The Director, Panchayat & Social Services D.K.S. Bhawan Mantralaya Raipur (C.G.) 3. Election Commission oflndia, Through ; Secretary, Nirwachan Sadan, Ashoka Road, New Delhi, 4. The Chief Eloctoral Officer, C.G.EtectionCommission, : Indirawati Block, D.K.S.Bhawan Raipur(G.G.) DETAILSOFTHEPETITION HIGH COURTOF CHHATriSGH AT BILASPUR (Hon. IVlr. Justicepritinker Diwaker) PETITIOJSIER RESPONDENTS Petition (S) No. 5892 of 2008 Ashok Kumar Dubey VERSUS State ofChhattJsgarh and others. -.(- Shri Sandeep Dubeycounselforthepetitioner. Ku. Sunita Jain PL for the respondents/State. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ORDER (09.07.2009) With the consent of the counsel for the parittes, the matter is heard finally. Chailenge in the instant petition is to the order dated 13.10.2008 (Annexure P-1) passed by respondent No.1 whereby the petitioner was transferred from Panchayat Secretary Training Institute, Jagdalpur to Janpad Panchayat, Marwahi, District Bilaspur, in violation ofthe transfer policy. This petition was filed on 18.10.2008 and the stay was granted in favourofthe petitioner vide orderdated 12.11.2008. Contention of the counsel for the parties is that this Court may quash the impugned transfer order by giving liberty to the respondents to pass freshorder ifadministrative exigency so warranfs. In view ofthe submissionsof the counsel for the respective parties and looking to the fact that the petition was filed on 18.10.2008 arid stay was granted in favourofthe petitioner vide order dated 12.11.2008, the imsugnedorder dated 13.10.2008 sofar as it relates to the petitioner is hereby quashed. However, the respondents shall be free to pass the order afresh if administrative exigency necessitates the same. WiththeaforesaidobservaSion.thepetitionstandsdisposed sd/- priunkerDiwaker Judge