ilgE&in.tW—-: IN THE HIGH COURT QF CHHATTISGARH AT BILASPl . WRIT PETITION FS1 N0. 55'34 72008 /R PETITIONER: Himmat Singh Gajbhiye, son of Late Natthu Singh , Gajbhiye, aged 55 years, Manager Gramudyog, Zila Panchayat Office, Raipur. Vs RESPONbENTS: . ^^^ ,,"^::::-" .T,.^^-''.^:1-1" ^- ^:/."'%.'^. :-{ ^ ^*1 yl. State of Chhattisgarh Through; the Secretary, . Ministry of Gramudyog, D.K.S. Bhawan, Raipur. ^€. The Chhattisgarh Khadi Tatha Gramudyog Board, through its Managing ' Director, Chhattisgarh Khadi Tatha Gramudyog Board, Raipur. WRITPETITION UNbER ARTICLE 226 OF THE CONSTITUTION OF INDIA. !Q^(^ ^ HIGH COURT OF CHHATTJSGARH AT BiLASPUR Sinale Bench : Hon'bie Mr, Jystice PritinKer Diwaker Writ Petltion (S) No. 3536 of 2008 PETSTIONER Himmat Singh Gajbhlye .1 Versus RESPONDENTS |n«tniuimiri! State of Chhattisgarh & another. Mr. BP. Sharma, counsel for the petitioner. Mr. Y.S. Thakur, Dy. Advocats Gsnera! wlth Mr. Ar/ind Dubsy, Panei Lav^yer for the State/respondent No. 1. Mr. P.K. Tuisyan, counsoi for rBspondont No. 2, WRIT PETITION UNDER ARTiCLi_226_OFJ:HE CONSTITUT!ON OF SS^DSA O.RDER (14.Q7.2QQ9) With the consent of the partles, the matter is heard finaily. Chailenge in the instant writ petition is to the order dated 30.6.2008 (Annexure-P-2) passed by the respondent No. 1 whereby the petitioner was transferred from Zlia Panchayat, Raipur to Ziia Panchayat, Jashpur, in violation of the transfer polscy. This petition was filed on 4.7.2008 and the stay was granted in favour ofthe petitloner vide order dated 17.7.2008. Contention of the counsei for the parties is tha? this Court may quash the impugned transfer order by giving liberty to the respondents to pass fresh order If adrninistrative exiaencv so warrants. in view of the submlsssons of the counsel for the respective parties and iooking to the fact that the petitlon was filed on 4.7.2008 and stay was granted in favour of the petitioner vide order dated 17.7.2008, the impugned order dated 30.6.2008 so far as it relates to the petitioner is hereby quashed. However. the respondents shaii be free to pass th.e order afresh If admjnlstrative exigency necessitates the same, but before passing any such order the authority concerned must ensure that he is competent under the law to pass any such order, With the aforesaid obsen/ation, the petitlon stands disposed of., .sd/^v ^^:r