i ! <S6 .-3- c . ^. v^ m THE HIGH COURT OF 3UDICATURE AT BILASPUR fCHHATTISGARH) .•^-5-3 W.P.NO.' OF 2004 PETITIONER .«•' \>^. ^^^" ^ Paritosh Kumar Dubey, S/o Late .. Shri Hari Charan Dubey, aged '^A»'about 55 years, Occupation- ;^'" ^Service, presently posted as Accountant, Community Health Center, Lormi, Tahsil Lormi, Bilaspur [Chhattisgarh] VERSUS RESPONDENTS ..^t^%yv^ ^^p^- y' 1. State of Chhattisgarh through The Secretary, Department of Health & Family Welfare, Mantralaya, Dau Kalyan Singh Bhawan, Ralpur [Chhattisgarh] 2. Chief Medical & Health Officer/ Bilaspur District Bilaspur [CG] WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA FOR ISSUANCE OF WRIT ZN NATURE OF CERTIORARI, MANDAMUS PROHIBITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS: ' T XI-HC-22 To? '^(piRT£r,'STNTT%, t^ray iwqw^rra? 3ff^T ^slch u0.f.^t--3~3^ct "M ••LO^ 200 •^R;^' 3:?R'¥I^H fN^^lt^ .SIfT^T ^cn^R "Hfe^ ^ ^iqfeNh-w^'-^ fe^ ^t^R ^€?f^m^^? the Shri Ashish Shrivastava learrjed counsel for the petrtioner. Shri Sandeep Dubey, l^arned Panef Lawyer, for State/respondents. Heard on the question of adm|ssion of this writ petition. Learned counsel appearing |?or the petitioner submits that the petitioner who is working on th^ post of Assistant Grade-IJI in Community Health Centre, Lormi hd C.M.O, Jagdalpur. He atso submits of the petitioner have also been trar of posting to the ofRce of CMO, arguments leamed counsel rnade a petitioner should be given an |s been transferred to the office of 1 that by the said order two brothers [sferred from their respective place ^agdalpur. During the course of |imited prayer to the effect that the lopportunjty to file a detailed representation before the compejent authority which shall be considered on its own merits in accor|dance with law. Leamed counsel further submits that since two brotl|»ers of the petitioner have been transferred from their respective plac^ of posting to the office of CMO, Jagdatpur, therefore, the transfer o^der (Annexure-P/1) suffers with mala fides on the part ofthe respondeitts. Having considered the facts ari without expressing any opjnion on thej of this Court ends ofjustice would be ^ petitioner to make a detaited repre^ d circumstances of the case and merits of the case, in the opinjon [erved if a direction is given to the |entation raising his grievances before the competent authority ofthe rjespondents along with a copyof this petition within a period of fjfteen days from today and on such T XI-HC-22 W^^T ^:ri^3Tl^T ^ti^^pr /-;.- ^' ^-^' ^ lv ^ :v¥'l^ '•^ TST •=qFf(^T4, "^ahwe, 1^rey ^..^.2...s.^^ ^ WWIT'^PW^ •^^ar' ^TR^T ^^?T^R 1R^T -s-4- representation being flled, the same on its own merits in accord^nce eariy as possible preferably withiiji of receiptof representation. cjompetent authority shall decide the with law by a reasoned order as a period of six weeks from flhe date Learned counsel statement that the petitioner has| working at his present place of P] Health Centre, Lormi. appear|ig for the petitioner makes this not been relieved so far and he is JDsting i.e. in the office of Community On the above statement m| till the representation is decide^ continue on his present place of| the representation is not decided above, the matter shall be broughf order ofthis Court shall not be misl of. With the aforesaid obsen/aj C.C. as per rules. ^R^fq^rf '^TFI^f "^ f^^ '^f^R ^T^NH-STI^T i^de at the Bar, it is also directed that |, the petitioner shall be allowed to tposting. Needless to mention that if ^ithin the stipulated period referred to to the notice of this Court so that the .|Lised by either of the parties. kion, the writ petition stands disposed Sd/- Sunil Kumar Sinha Judge [Tft^ <r<^^