REE §GH CQURT OF $HHATT§SGARH AT §ILASPUR aggaheb De$hmukh ViPJsQ NG.573€I233? 343‘ Dwivedi S/o $hri RD DLsbey, V Aged abeut 53 years, present5y working as Sub-Diyjsiona! (Fwest) Qfficen Lefmi, $ub-Division, Districf Biiaapur (ma) $§ ch naie Een H i Diéi ca’bie Shr \férsug ' Rasmm‘anis M 1. Staie sf Chha‘éisgam, Through the Secretary, Fare$t Department, DKS Bhawan, Raipur (0G) The Under Secretary, State 0f Shham'sgayh, Fares't Department, DKS ' BhawanjRamuMC‘G.) ' Shri S. R. Banjare, Deputy Managing Directw, Districtr’Union, Laghu vanepaj Sangh, Kaighora, Foresi Divi$i0n, Biaspur(C.G.} ‘ ' writ ?etii§b:z unéa: Aréicge 22$ af ihe Cans’aéutiw of 5mm Fresem 3hr; P. Diwaker, Senior Advoéae wg‘th 3m PR. petiiioneti, ~ v Gevemment 8m V. V. S. Advocate Marthy, Deputy'Advocate for respcmdenis No.1 Genera! & 2/Siate. with Shri G Shri ccgnse! Manindra fer reegwnderzi Shrivastava, No.3. Senior Advaeate with Shri Rakesh Dubey, ‘ Patahkar, csunse! fw the . D. Vasweni, _ ORAL ORDER V . (Paesed an 22na February, 2W8) Heard . {2) Tee peté’cicher 3e aggrieved \by the or {Annexure £33.) paesed by the Gevemmeni 0f Chha%‘zisgarh, Fomst Department, D.K.S. Shawa'n, Maratraiaya, Rai P. the office 6f Chief yespondem No.3 was posted in p}ace 0f :he peiitioeer. Peer i0 '2liéie order, i‘he respondeni N13 had been p0s€ed in pSece ef ohe S. P. Rajak ai Panda-ria'vide ewe; dated 31-08.2§G?. v o‘er dated 31 438-2907 pur whereby the pet§tioner was pasted ”temporaray 'umii furtha' orders i Conservéie? sf Farest, §aipur and ‘f ‘ H R J. However, upon being infovmec! that Shré S. P. Rajak had already taker. charge at Pemdaria as Sub Div§sionai Forest Officer, the issuance of impugiwed ordef (Annexure FM) became necessary. lt is akso tc be noticed that earlier responéem No.3 wee transferred to Biiaspur as Sub Divisicmai Foies‘i Officer in piece cf cane R. K. Dubey, whe chaiiengeci the said iransfer cider daiee‘ 07—O?-29G7 by fiiing Wfit Petiiiora (S) No.4032 0f 2007. There was an interim career in his favou: and upon'canceiiaticn of ihe said transfer oeder, the Wfit petition was Withdrawn as having been rendeied infructuoue. {3) Having heard ieamed counsei'z‘or the parties, i am 0f the consideied epinion that this Wfi’c peéiéion. has nomerit anci is iiabie is be dismissed for the feiiewing reasons:— (i) it is peninen’t to note here ihat aithcugh eome abetiaci aiiegations have been made from which an inference ef‘ malafide can be drawn in transferring the respondent Ne.3e Shri SR. Banjare, he reiie‘i has been sought by the petitioner in se far as the order oitrahsfer of $hri SR. Banjare by the impugned order is concerned. The i’eiiex‘ ciaimed by the petitioner in Para 7.1‘ is reprodueeci ioeiowz~ "?.1 That the impugned order dated 31.08.2007 .(Annexure P-t) so far as it reiates to the petitioner be set asidelquashed i and the petitioner be aiiowed to perform his duties as Sub Divisional (ForestiOffieer, Lormi, Sub-Division, Biiaspur {C.G.)." (ii) Upon perusai of the entire records produced by Shri V. V. S. Murthy, iearned Deputy Advocate Generai appearing on . behalf of respondents Not & 2/State as aieo considering the facts and. circumstances of the case, i am of the consideredopiniph that M tranefer tom kg,“ of pmwh the petitioner ”Wigwam is mereiy an‘ eM'M‘s incidence of serviceLand is not actuated by any rnaiafide against the petitioner. 'i‘ ‘ x , “'f *&gu% M ‘ r (iii) It is asso €o be noticed that on 13-09-2007 i.e., the‘date of’ fiiing of W3 writ petiiiprs, the petitioner had airead Completed 2 4/2 year om his‘present place of posting. (iv) Another important aspect of the matter is that the petitioner has not made any specific aiiegation of maiaticie against any patticuiar Officer or Miriister and has aiso not impieacied any such person eo nemine as party in this writ petition so as to enabie the particuiar Officer-or Minister concemed against whom the maiafide aiiegatior has beer made to answer the aiieoauon of maiafide in View of the aforesaid reasons this writ petition being devoid of any ment is dismissed Stay ordered on 1t 10 2007 stands vacated The originai documents produced by teamed Depu‘y A vocate General appearing on behalf of respondehts No.1 & 2/State are returned'to him. i Sd-/ i Dilip Raosaheb Deshmukh Judge (4) , y