smGL‘E.BENCH g, . \ocx'b’ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (6.6.) ‘ Writ Paition (s) No. §20§} of 2011 PETITIONER RESPONDENTs WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PARTICULARS OF THE PETITIONER :- As s’ra’red above intause fifrle. l v 2. PARTICULARS OF THE RESPONDENTS :— W / D.C. Jangdey, aged abouT 53 year’s, S/o La’re Shri Bodhir'am Jangdey, working as Sub-Engineer (Rural Engineering Services), Janpad Panchayof, Sarangar‘h, Dis’rr‘icT-Raigar'h (C.6.) VERSUS :1. ¢ S’ra’re of Chha‘n‘isgorh Through Secretary PanchayaT & Rural . Developmen’r Depar’rmen’r, D.K.S. Bhawan, Raipur (C.G.) (2. The CoHecfor, Raigarh (C.G.) /«3. The Chief Execu’rive Engineer, Rurai Engineering Services, Office of Developmen’r Commissioner, Developmen’r Building, Raipur (C.G.) g, 4. The Executive Engineer, Rural ‘Engineering Services, Raigarh Division, DisTricT—Raigarh (6.6.) /5. Sub-Divisional Officer (Revenue), Sarangarh, DisTric‘r—Raigarh (6.6.) 6. Chief ExecuTive Officer, Jnapad Panchaya’r, Sarangarh, DisTricf-Raigarh (C-G-) 7. / Vijay Dewangan, Sub Engineer (Rural Engineering Service), Janpad Panchayaf, Gharghoda, Dis’rric’r- Raigarh (C.G.) HIGH COURT OF CHHATTISQARH AT BEASPUR WRIT PETTHON (S; No. 5207 Qf2011 D.C.Jangdey. PETITIONER VERSUS RESPONDENTS : State of Chhatnsgarh & Othcrs WRIT PEllTION UNDER gTICLE 226 OF THE COVSTITUTION OF INDIA SB Hnn’ble Sim Satlsh K Agnihatn‘ J. i’rcsem: 52m Han bhanker Patel, Advocats for me pctmonm‘ Shn Ajlt Smgh. Pancl Lawver for the Sum/respondents RDER gORAL Q (Passed on 06 day of September, 201 1) Challenge in this petition i's to tha arder damd 15.07.2011 (Anmxure P/l) whereby, the petitioner, working as Sub Engineer at Janpad Panchayat, Sarangaxh? has been transfarred to Janpad Panchayat, Gharghcda, Showing it t0 be on MS own mquest. Learned counsel apyearing for the yetitioner submits that there was :10 ayplication an the part of the patitioner to transfer him from one glace to another place. Thus, the impugled ofdor to transfer the petiticmer on the gmund of being on his own request, is bad in law and does not come within the purview of administrative exigency. Shti Patel further submits that the yetitioner is also mgaged as Supervisor in the social, oconomic and caste census, 201.1, vide order dated 06.08.2011. Thus, before eomyletion of the census work, he cannot be transferred. Shn' Singh, learned Panel Lawyer submits that if it is so; apyropriate shall be guessed keeping; in view the above inflrmities in the isnpugzed order. Till then, the impugned order dated 15.07.2011 (Annexure‘P/ly in resoect of the petitioner shall not be given e§eet to. If on veriiication, it is found that the petitioner is engaged in Census workg the order impugned herein, cannot sustain during the period the petitioner is engaged in census work. In View of the above, according to learned counsel for the petitioner, nothing survives for adjudication in this petition. Accordingly, the writ petition is disposed of with the aforestated observation. ‘ Sd/— Satish K. Agnihotri Judge e