^^s'-S^l^ CF -fv^^ ..•;•'?• IN THE HIGH COURT OF JUDICATURE. CHHATISGARH W BILASPUR. WR!T PETmO^fNO ^4^6 OF 2G06. PETITIONER. -^-' ^6<.- ^^"y , '-••'*f-y ..-••" ^w. ^'%'->£--"" ^^^ ...-•"^y/ .^c>''".^svv>''' ^y^ ' ^>-" RESONDENT: NlTfANAND SHARMA, '8A3 LATE S. P. SHARhW; AGED ABOUT 56 YEARS, R/0 QUARTER N0. G-10, HASDEO BANGO COLONY, KHARSLA, DISTRAIGARH, C.G.STATE. VERSUS i" 1) STATE OF CHHATISGARH, THROUGH PRINCIPAL SECRETARY, WATER RESOURCES DEART»4ENT, D.K.S. BHAVAN, RAiUR. C.G.STATE. /2) CHIEF ENGINE3R HASDEO KACHHAR D!V!S!ON, BILASPUR, BILASPUT.DIST.( C.G.) -3) EXECUTIVE ENGINEER, M!N!MATA BANGO CANAL D!V!S!ON, KHARSIA, DIST. RAIGARH, C.G.STATE. WRIT PETITtON UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR 1-SSUANCE OF APPROPR1ATE WR!T /S) / ORDER (S) / DIRECTION (S). ETC. ' XI-HC-22 an^srw f^IW.W^T shlitiRf?? SW'fi T5? '^WW^, ®Tf)y;16,fslcll+iy 3TT^3T^act> •<|t|WI ShKlch ra^\:^§j 200 ^ ^svs. sn^TCTctTWtrfsa' dne qu(|sh 29-8-2006 Mr. K.R. Nair, counsel for th^ Mr. Satish Supta, Deputy ©^v advance copy. Heard both the counsel. The petitioner, who is wor-ki^ of Water Resources at Kharsia, 226/227 of the Constitution ofl directed to pay the salcry and al| period he spent for moving from their wrjtten directions, and to petitioner to move foro teave appli^ The back9round in which th4 petition is that the petitioner, wh^ &ivisional Officer, Khts'sia, was Office of the Executive Engineerj Sub Divisioni Leylur^a. In pursuan4e in the Office of Sub Oivisionall submitted joining repwt j4nnexur«| Sub &ivisional Officer that there the Executive Engineer on which t^ Executive Engineer on 24-4-2006. there is no vacancy of A6-TI in h report to the Office of the Chief <tii<itii41.] i)iH<-iT^'f'g^<,Ri^<;i< ^a.ffSBiTsn^r petitioner. vt. Advocote for the State/respondents, on as lAssistant ft'ade-II in the Department ic(s preferred this writ petition under Article India, praying that the respondents be lowances from 20-4-2006 to l-6-aX)6, the office to another of the respondents on the letter of respondent No.3 askiry the tation. petitioner has been forced to file this writ is working as A6-S3. 'm the Office of Sub tifansferred vide order Armexwe P-1 to the Water Resources Division! &haramjai9arh, n4e of the said order, the petitioner reported Officer, Leylun9a on 21-4-2006 and he P-3. The petitioner was informed by the i|s no vacancy and he was asked to reporf to ie petitioner report-ed in the Office of the The Executive Engineer also told him that i^ &ivision, there-fore, •the petitioner should fngineer, Bilaspur. The Executive Engineer (Iftt^fe^) y >? XI-HC-22 3TI^5T5RT f^^sff^r St)lIt]Hf?(T g^^ffqTePT, a'Tfly'KS, {qitiyy 3TT^^r^nra^ I-ITEICTTShlKti^^^^/.^ ^ RK)^ 3n^r?RiTWfff5cr - s ascertaining the fact that whethe^* there is vtKancy where the petitioner is being transferred and thereafter, ultimately he reported as per the Engineer-in-Chief who requested t^e Principal Secretay to concel the transfer of the petitioner. There was no fault on the petitioner was forced to move froi^i office to office. Therefore, the order of r-espondent No.3 askiry the petit!^ period is totally illegal. Such mist^kes are bound to ha(^»enwhere trarBfer of low paid third class emplayees ar^ without ascertainin9 the vacancy representation mentioning afl the accor'dance with law. As there was wos fbrced to move from one offic' order passed by the Under S< 'sbi'iito-'fl-f TTOrf ff te^ <R|(TI[< ^srf^iTsn^r he was made to run froni pillcr •to post and order of the respondent authorities to the part of the petitioner herein, rather the ner to move leove application for the said being affected by the State ©ovemment position. Nonnally, the district tevel or divisional level employees are bein^ transferred by the district level offtcers and the ©ovemmentlevet transfeijs are expected to be pa^ed in respect of 9azetted officers. In the circumstances, t|ie petitioner is directed to move a above facts dong with o eopy of •the writ petition and jts annexures to resp<(ndent No.2 within ten days from today and respondent No.2 Aall p<B5 order ofj the representation of the petitioner within a period of 30 days from the d<r(|e of its receipt in an objective manner, in no fault of the petitioner and 1+ie petitioner e to.another office on account of the ittegal cretary without ascert-aining the vacancy position, •therefore, he cannot be forced to move cn applicatioh for leave. If the facts as narrated in #ie writ p^tition are found to be true, then the Chief (-M^M) y -^ .i'":-.a ../'.3131 •^.•^"^•^: -fv^-^. (^^^t>) sSpnr OOPe4S-o-7 •jspjo siq^ •j.o pasodsip spuo+s uoi+j+ad ai|(. '| uoj4i»!|ddo8Aoa| a/wui 04. paa.ioj. oq 4.ou 04. 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