c. ^-lso ^ IN THE HIGH COURT OE CHHATnSGARH AIBILASPUR f ji ^ ^ W.P.NO. 2-533 /2006 PETITIONER y- /•^^^ V-t'*\ " ''.'*" ^ ..•••' ••• Ram. Charan Meshram, Aged about 45 years, S/o. late K. L. Meshram, ..-•'^f'' R/o- D-11 A, Shriraui nagar, Raipur(C.G.) Posted at Fores^ Divison Dhaintari, Sub-Division Birgudi, as Sub Divisional Qfficer, (Nagari) Distt- Dhamtari (C.G.) ^yy fc^cx ^S^Y--" c^y ^'''.^•••'' ^ RESPONDENTS VERSUS ^^n-CO^ ^%^1 ^w 1. State of Chliattisgarh, Through fhe Secretar}', Departaient of Forest, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) 2. The Prmcipal Quef Conservator of Forest, JaU Road, Raipur (C.G.) ^--3. The Conservator of Forest, JaU Road, Raipur (C.G.) ^A. The Divisional Forest Officer, Dhamtari, near Sihawa Road/ Dhamtari (C.G.) / 5. N.P. Biskiya S/o- not known, Aged about 55 years, R/o- Anupam Nagar Raipur (C.G.) /6. The Special Secretary, DepaTtEnfint of Forest, D.K.S. Bhawan Mantralaya Raipur(C.G.) WRIT FETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA [E'- ^l '!•• ts XI-HG-22 •g^i^ipnoT;}, afliyis, '(siciitiy ..CT^I^ h-u* sv^v '^TTN"^fi^ ":"v, •WP ^ 3-3.1 &<, respondentj No Advjocate sarwlal 12.5.2006 Shri Anand Kuiuar Tiwaili; No.2533/06andfor: Shri P. Diwakar, Sr. the petitioner in W.P. N6.1832j'l No.2533/06. Shri Saajay Kuinar Agarwjs Writ Petition No.l832/0qi Writ Petition No.2533/06 ffled are being disposed of by fhis relate to same coatroversv. Leanaed P.L. for the Statel behalfofthe respondent-Statei^ Petitioner-N.P, Biskia fhe legaUty, propriety & correj (Annexure P-1) whereby he Mvisional 0£&cer (Forest), Sub| to the office of Principal Deparfment, Raipur and petitij: Charan Meshrain, was by the petitkiner were fhat ttie of ban period, same was poUti.{: traasfer. - It is settled law that transl caa only be questioned, on th^ ji, Advocate for the petitioner iu W.P. ».3mW.P. No. 1832/06. with Shri Kunal Das,Adv. for f06 and for respoudent No,5 iu W.P. wds Ctuef traasfert'ed +l'tI<-)<frT •tff«Rff•^•fyS^SWZK ^T sipgii sn^? al, Panel Lamyer for the State. filed by petitioner-N.P. Biskia and by petitioner-Ram Charan Meshram •ommon order, as both the petitions pr^ferred <to |very fraiikly subniits that no repty on needed ia these writ petitions. W.P.No. 1832/06 questionmg ;tness of the order dated 9.3.2006 transferred froni the post of Sub 1-Division Bii^uidi, District Dhanitari Conservator of Forest, Forest ^aeT in W.P. No.2533/06 Sfari Ram ui his place. The grounds taken |traasfer was uot possible on account ;aUy motivated aad was a inid term Fer is an .incidence of service and same ; ground of mala fide,,being against v( XI-HC-22 •a^ ^IWicl'M, 'S^OTS, silisi"si( . k-H'h 3n3?I WqWCftd' sn^i'S^TOt^is'cf -^ qri?Rt;I-mtRif •?fS<S 'rfsRZR ^ the statutory rules or the a|ufliority who passed fhe order was aot coiapetent to pass fhe order.l As far as tlie grou^id of mid-session is concenied, the examiaation is already ovejr, even results. are out and today is 12.5,2006, fherefore, that gi^und does not staad, As far as thc ban period is coiicemed, the im^ugned order ifself shows fhat fhe sanie was passed wifh fhe appro]val of fhe Chief Minister of the State, therefore, the State GovemiAent passed order by relaxiag the baa^ As far as political laotivation by which it cau be held -th^t how it was politically motivated and moreover, during the course| the State submits that Shri suice 2001 and therebv he] dated 9.3.2006 and when he of the order dated 9,3.2006! dated 25.4.2006 he was alkn^ed to joia on the said post, Thereafter, fhe Specia| is concemed, fhere is nofhing on record of argum.ents leanied Paael Lawyer for Biskia was working on the said post has ahnost completed 5 years tenure, which is two years more tijtau fhe nbrmal tenure of posting of a pubUc seryaat on a particijlar post. Thereforc, I do not find auy substaace iu this writ petiti<j>n, same is liable to b& dismissed and it hereby dismissed. As far as W.P, No.253j3/06 ffled by Ram Charaa Meshram is concemed, as has been luejntioTied earlier, he was posted as Sub Divisional OiBcer (Forest) SiJJb-Division Birgudi, Dhamtari vide order was not atlowed to joiu on the said post, perforce he filed a petition bejfore this Coiirt to ensure fhe compliance aad in piu-suance of the court's order Secretaiy, Forest Department, Govt. of C.G. vide order dated 2.5.2P06 canceUed the traasfer order of fhe 'I^ ^fe^ . V1 ^iJ.-Tl^--. an^i^i fewsii^i ^)*i 'yie^ "^r' ^'^ ^q '<iww,, e>Tll<4'ie, 'f^cli'yy petitioner dated 9.3.2006. On passed just to cirpumvent fhe in writ petition ffled by Ram ( SuryavansHi to ensure the 9.3.2006. As has been mentioned y that he was contimiing since tfaat is whv he was transferrcd place arid now unpugnied passed in order to 25.4.2006, therefore, fhis orderi In the rcsult, W.P. No.25i is aUowed and the order Secretary, Govt, ofC.G.,Forest Certified copy as per rule^ ord^r circuinvdnt datfcd ^raferahfs^i ^fsvi ^siraiisiiig the face it sliows that this order was i|;ourt's order dated 25.4,2006 passed pharan Meshrain directmg Sliri L.N, |compliance of earlier order dated 4i the writ petition ofShriN.P. Biskia ^bout 5 years on the saine post aad |and the petitioner was posted at that dated 2.5.2006 (Annexure P-8) is the order of this Court dated |deserves to be quashed. p3/06 ffled by Ram Charait MesUram 2.5.2006 passed by the Special pepartaient is hereby quashed. Sd'- i_.C. Bhadoo Judge [Tft^^sT^ ^