(54/716? ’BLE HIGH COURT OF CHHA’I‘TISGARH AA“ BILASPUR (CIGJ ‘ WRIT PETtTION [s1 No. — 60$?0F 2009 QEFORE THE HON l V?)@0“ x,4” ..... Bhawan, Public‘”\Works Raipur . Department, (C.G.) D.K.S. _.‘ 3; r . I”? 2f The Deputy Secretaly, Public Works “z x Department, D.K.S. Bhawan, Raipur GYK-Kw (cm. 3] ‘Hotam Singh Sikarwar S/o Late Ramcharan Singh Sikarwar, Aged about 57 years, Sub Divisional Offier, Public Works Department, Janakpur, District Korea (C.G.) \‘ DIRECTION OR DIRECTIONS UNDER T CIRCUMDTANCES OF THE CASE. HE FACTs AND PETITIONER Bajrang Prasad Agrawal S/o Ram Pratap Agrawal, Aged about years, Sub Divisional Officer, Public Works Department, Sub Division, Raigarh, (C,G.). VERSUS RESPONDENTS V 1] State of Chhattisgarh, Thrqugh: The Principal Secretary, .; HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition (S). No. 6055 of 2009 TITIONERS Bajrang Prasad Agrawal PE Versus SPONDENTS State of Chhattisgarh & others RE (Writ petition under Article 226 of the Constitution of India) Single Bench : Hon’ble shri Satish K. Agnihotri, J Present : Shri S.K. Tiwari, counsel for‘the petitioner. Shri A.V. Sridhar, Panel Lawyer forthe State/ respondents No.1 and 2. O R D E R (ORAL) (Passed on this 23'“ day of October, 2009) 1. With the consent of learned counsel for the parties, the petition is heard finally. 2. By this petition, the petitioner challenges the legality and validity of the order dated 12410-2009 (Annexure — P/1) passed by the Principal Secretary, Department of Public Works, whereby the representation filed by the respondent No.3 herein has been allowed and the transfer order dated 27—6-2009 (Annexure — P/3) has been cancelled in respect of the respondent No.3. Learned counsel for the petitioner submits that vide order dated 27-6-2009 the petitioner was transferred from Sub Division Bilaspur to Sub Division Raigarh as Sub Divisional Officer and by the same order, the respondent No.3 was transferred from Sub Division Raigarh to Sub Division Janakpur as Sub Divisional Officer. Being aggrieved by the transfer order dated 27-6~2009, Hotam Singh Sikarwar — respondent'No.3 preferred a petition \.\\ being W.P.(S) No.3103/2009. This Court on 03.07.2009 while N1 gg ; disposing of the said writ petition granted iiberty to Hotam Singh SikanNar — respondent No.3 to fiie a representation before the State Government. it was further directed that if a representation is filed by Hotam Singh Sikarwar — respondent No.3, the same would be considered expeditiousiy. Learned counsel for the petitioner further submits that the respondents — authorities after considering the representation submitted by respondent No.3 herein, by order dated 12.10.2009 canceiied the transfer order passed in respect of respondent No.3, without affording opportunity of hearing to the petitioner. As such, the petitioner, who has joined in piace of respondent No.3 at Raigarh in compliance of the order dated 27-6-2009, has been affected. At this stage, learned counselgappearing for the State/ respondents submits that if a representation is made by the petitioner within a period of one week, the same may be considered, in accordance with law and on its own merits, after affording opportunity of hearing to both the parties i.e. petitioner as weil as respondent No.3. Accordingiy, the writ petition is disposed of with a direction to the Principal Secretary, Government of Chhattisgarh, Public Works Department to consider the representation of the petitioner after affording opportunity of hearing to the petitioner as weii as respondent No.3 and pass appropriate orders in the public interest and administrative exigencies, if any. Tiii the disposal of the representation, the respondents —— authorities are directed to maintain status quoin respect of placement of the petitioner as well as respondent No.3. Sd/— " Satish K. Agnihotri Judge