c,te^%Bancih ^f'i IN THE HIGH COURT OF CHHATTIS6ARH AJ BILASPUR WRIT PETITION FS1 N0.^^74' /2008 ...'< ..•'•'^.y-'' •".. ^w^"" s<->f<^7-" ^-•^\ ^i^ ,..-"^'\^ Vs RESPONbENTS: y;lit^^^^^ ;•"""•'"•-'°-'-•'•:S,-ty,^;. PETITIONER: ' Premal Das Baghel, son of Shri, Panje Lal Baghel, aged 55 ' ,. years, Deputy Director, Head Office of C.6. Khadi Tatha Gramudyog Board, 27/520, Praveen Bhawan, New Shanti Nagar, Raipur. f. State of Chhattisgarh Through; the Secretary, Ministry of Sramudyog, D.K.S. Bhawan, Raipur. ^' 2. The Chhattisgarh Khadi Tatha Sramudyog Board, through its Managing Director, Chhattisgarh Khadi Tatha Gramudyog Board, Raipur. WRIT PETITION UN&ER ARTICLE 226 OF^THE CONSTITUTION OF INDIA ''I. 'a-.—.y./ '^.-SCT.^"' .rfi :''ti-»an«<^' TH". ^^e' •"\bN.^ inale Bench : Hon'bie Mr. Justice Pritinkei- Diwaker Prema! Das Baahei Versus State of Chhattisaarh & another '. B.P. Sharma, counsel for the Detitioner. St Mr. Y.S. Thak; ^akur, Dy. Advocats Genersi 'A'ith Mr. Arvind Dubey, l-'ane! Lawyer tor the ytate/respondent No. I. Mf P k^ Tiai?£\/an rLfts in<ccki f^r ra<snnnr|ont M/^ 9 DERARTICLE 226 OF THE CONSTSTUT'ON OF !ND!A 0_R D E R /-IA.H7 '>nns\ .£~\^Vf^f With the consent of the Darties, the matter is heard finaiiv. Challenge in the instant writ petition is to the order dated 30.6.200( (Annexure-P-4) Dassed bv the resoondent No. 1 whereby the Detitioner was transferred from Head Office. Raipur to Ziia Panchavat. Sarguia, in violation of the fransfer poiicv. This Detition was fiied on 17.7.2008 and the stay was granted in favour of the Detitioner vide order dated 21.7.2008. Contention of the counsel for the oarties is that this Court may quash the imDuaned transfer order bv aiving i'ibertv to the respondents to pass fresh ordsr if administrative exiaencv so warrants. In view of the submissions of the counsel for the respective parties and iookina to the fact that the Detition was filed on 1 7.7.2008 and stav was granted in favour of the Detitioner vide order dated 21.7.2008, ths impugned order dated 30.6.2008 so far as it relates to the Detitjoner is hereby auashed. Howsver, the resDondents shatl be free to oass the order afresh If administrative exiqency necessitates the same. but before Dassing anv such order the authority concerned must ensure that he is comoetent under ths iaw to pass any such the aforssaid observation. the Detitlon stands disDosed of.' Sd/- pritinker D^aker Judge n