.c~ h •^. :.|rs^f- .^^?^^N. ^P^y-^ ^^lsi-ilr c , ^ . ^ ^ L... IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. ^ I T^ pp 2011 PETITIONER C.D. Chaturvedi S/o late Umedidas Chaturvedi, aged about 60 years, occupation service, presently posted as Superintendent, primary Scheduled Tribe Boys Hostel, Gundardehi, District Durg (C.G.). VBRSUS RESPONDENTS 1. State of Chhattisgarh, Through Secretary, Education Department, D.K.S. Bhavan, Raipur (Chhattisgarh) •^^^ v'^"^"' ^' "<<y ^ 2. Collector, Durg, Tahsil & District Durg (Chhattisgarh). 3. Assistant Commissioner, Tribal Welfare, Collectorate, District Durg (C.G.). 4. Headmaster, Middle School, Mardal, , District Durg (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^ PETITtONER RESPONDENTS HIGH COURTOF CHHATTISGARH : BILASPUR WRIT PETITION (S) No. 5617 OF 2011 C.D.Chaturvedi. Versus State of Chhattisgarh & Others <Writ Petition under Article 226 ofthe Constitution of India) Single Bench : Hon'bte Shri Satish K«Agnihotri, J. Present:- Shri Sourabh Sharma, Advocate for the petjtioner. Shri Shashank Thakur, Panel Lawyer for the State. ORDER (Passed on this 21st day of September, 2011) ChalJenge in this petition is to the order dated 15 July, 2011 (Annexure P-1), passed by theAssistant Commissioner, Tribal Welfare Durg, whereby, the petitioner working as Upper Division Teacher at Primary Scheduled Tribe Boys Hostel, Gunderdehi, has been transferred to Middle School Mardel,on administrative grounds. Learned oounsel appearing for the petitionersubmits that under the transferpolicydated 13th June 2011 (Annexure P-2), it is cleariy stated that the Collector aione is competent to transfer the employees belonging to Class-III & IV services on proposal made by the other departments in approval of the minister in-charge. !n the case on hand, it appeare that the /tesistant CommJssioner without foilowing the guideJines issued m the transfer policy had passed the order impugned, when the Collector has been assigned the responsibility of transfer of the employees working in the concerned district; on proposal of the concemed departments. Thds, this suffers from the defect of Gompetence of the officer. Accordingly, the transfer is unsustainable in the eyes of law. As a result, if the petitioner has already not been relieved, the transfer order dated 15 July, 2011 (Annexure P-1) in respect of the petitioner, shall not be given effect to, until a fresh order is passed by the competent authority in publicinterest and admjnistrative exigency. Accordingly, the writ petition is allowed to the above-extent. ashok Sd/- SatishK.Agnihotri Judge