i^:S^S^SitSiS!SiSi^SS9^^99Sii^ii IV HIGH COURT OF CHHATnSOAmi AT BILASPUR Writ Appeal No.300 of 2010 APPELLANT: N.G. Basak, aged aboyt 48 yegffs, S/o Shri N.C. Basak, RA) S.E. (CMI), the EnvironmeRt and Forest, SECL, Korba Area, Korba Versus RESPONDENTS: 1. 2. 3. Soirth E^tem Coalfleld Urnitecl, through its Chairman cym Mana^ing DirectoF, Seepat Road, BJIaspur Dy. GNef Personnel Manager, South Eastem CoaWekl Uintted, Korba Area, Korba Personal Manager (EE), South Eastem Coalfjelds URiiteel.Bils^pur Present: Shri Parag Kotecha. counset forthe appellant. Dr. N,K. Shukla, Sr. Advocate with Shri Shaitendra Shulda, Advocate forthe respondents, on advance copy. Divlslon Bench: Hon'bte Shri Dhlrendra Mi^ira & Mon'bte Shri R.N. Chandrakar. JJ. JUDGMENT (7-9-2010) l. The appellant was workjng as Superfntending Engjneer (CMI) ynder the respondents and was posted at Envlronment Department, Area headquarter, Korba Area. He was transferred from Korba Ama to JohiKa Area in his existing capactty and grade vlde order dated 10.10.2009. He macte a representation against this transfer order and his representatjon was allowed and he was permitted to continue at Korba till 30th April. 2010 vide order dated 24th/251h November, 2009. The abofve order atso sttputated that the appeltant starwte reteased from the aftemoonof2"d May, 2010tojoin atJohHla. 2. The appellant flted a writ petition on 6-8-2010 and prayed for quashtng of the transfer order dated 20?h October, 2009 on the ground that th® 1 -^^ l^ ^•-y ^^l^^^^l^^l:^^:-^^. ^^^^ r' ^^ transfer order has been malafidely passed for harassing the appellant. Eariier atso he was transferred on 3 occasions wfthln 2-3 years and he was not paid his due salary and other atlowanees whteh also establishes malafides onthe part ofthe respondents. 3. The writ pet'rtlon has been dismissed with an observateR that after passing the transfer order dsrted 10-10-2009. representation of the appellant was allowed vide order dated 24th/2^h November, 2009 and he was permjtted to continue at Korba tiU 30th April, 2010 ancl shall stand released from the aftemoon of 2nd May, 2010 to jolnat JoNlta Area in terms of the order dated 10-10-2009. The appellarrt did'not challenge this order eariter and availed the beneflts of the order and worked in Korba Area till April - May, 2010 and thus, having avatted the frutts of the order passed on the representatiw, the appellant cannot now be permitted to chaltenge the same order on the ground of malaflde, 4 After hearing leamed counsel for the appeltant and afler gotn^ through the jmpugned order, we are of the opinfon tiat there fe no grqund availabte to theappellant agalnst the (mpugned order. 5. In the result, the appeal is without any substanee, the sarne deserves to be and is accordingly dlsmissed at the admisskm stage itselfwithoot issuing notfce to the other side. Ban/e Sd/- Dhirendra Mishar Judge Sd/- R.N. Chandrakar Judge