1 ^?"..if '•-•'iSS^^^ / .5' H16H COURT OF CHHATriSGARH AT B1LASPUR DtVlSIQNBENCH Appellant Petittoner Resoondents CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. ITON'BLE SHRI SUNIL KUMAR SINHA. A Writ Appeal No.113of2»10 M.L. Agrawal, son of Shri Hari M<*an Agrawal, aged about 59 yeare, reskient of Tahsil Golony, Pendra Road, Distrtot Bilaspur (C.G.) Versus 1. State of Chhattisgarh, through : The Secretary, Department of Food, Chrtl Supply and Consumer ProtectK»i, D.K.S. Bhawan, Mantralaya, Raipur 2. The Commissioner, Food, GMI Suf^ty and Consumer Pr<Ae<rtion Department, Directorate, Raipur (C.G.) 3. The Cotlector, Bilaspur, District BileBpur (C.G.) Wfrit Appeal under SecttonZdl oftlieChlwttisaarh Hiah C<»urt {Appeal to the Division Benchl Acfc 2006 Present: Shri Ashok Soni, leamed counsel for the appellant. Shri Kishore Bhaduri, leamed AddBonal Advocate General for the State/ respondents. JUDQMENT (18th August, 2010) The fottowing judgment of the Court was passed by Raqeev Gupta, C.J. Leamed counsel for the parties are heard on admission. 2) Appellant M.L. Agrawal has flted thfe writ a^peal against the impugned order dated 19-04-a)10, passed in W.P.(S) No.17430010. 3) The app^lant/ petitloner in his writ petiUon was chaltenging the order dated 24-02-2010, whereby he was transferred frwn Pendra, district Bllaspur to Sarguja. 4) Leamed Singte Judge on a thoroigh consictet^tion of the submtssions advanced on behalf of the peUti<mer <Kd ncrt find ENiy ground warranting interference in the appellant's transfer. Leamed Single Judge, therefore, dismissed the appellant's wit petiUon victe impugned order dated 19-04-2010. 5) Shri Ashok Soni, leamed counsel ttor the appellant vehemently argued that the appetlant has been translwred 'm breach of the transfer policy, inasmuch as the appdtant has not \ even completed the preseribed period of 2 % yeare atthe present place of posting and he is due to retlre wttWn 1 % years on 31-12-2011. 6) tt is settted law that the transfer pdicy is m* enforoeaye m a Gourt of law. As the appettant coutel not slww any mala fiete in his transfer from Pendra to Sarguja or any rther permlssibte ground wananting interference in the matter of (raosfer, we do not ftfid ariy tnfirmity either in the order darted 24-02-2010 wherebythe appellant has beai transferred from Pendra, district Bitespur to Saryija'or impugned order dated 19-04-2010 wherebythe teamed Sir^te Judge has dedfned to interfCTe in the matter of apt»llant'8transfer: 7) The mfra Court appeal, therefore, fails and is hereby dismissed. 8) Consequently, the interim order dated 29-04-2010 stends vacated automattoally. Wtth the above order, I.A. No.(S/2010 ateo ^ands disposedof. Sd/- Chief Justice Sd/- Sunii Kumar Sinha Judge subbu