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2014 DIGILAW 299 (CHH)

K. K. Mishra v. State of Chhattisgarh

2014-08-07

PRASHANT KUMAR MISHRA

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ORDER 1. The petitioner, who is working as Forester, Balod Forest Division, Balod is challenging the order dated 26.7.2014 passed by the respondent authorities whereby the petitioner has been transferred from Forest Division Balod Range, Balod to Bhoramdeo Abhyaran Kawardha Forest Division. Learned counsel for the petitioner would submit that the impugned order has been passed against the transfer policy and the petitioner has been, transferred without any administrative exigency, there is no complaint against the work of the petitioner. Therefore, the impugned order is illegal and deserves to be quashed. 2. It is a trite law that transfer/posting is an incidence of service. The Court should not interfere with the transfer/posting order unless there is malice, infringement of statutory rules and regulations. The employee may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the Government to post another person if any vacancy arises on account of transfer/posting of an employee. (See - E.P. Royappa vs. State of Tamil Nadu and Another, 1974 (4) SCC 3 , Shilpi Bose and Others vs. State of Bihar & Another, (1991) Supp 2 SCC 659, State of M.P. and Another vs. S.S. Kourv and Others, (1995) 3 SCC 270 , Mohd. Masood Ahmad vs. State of U.P. & Others, (2007) 8 SCC 150 , Chief Commercial Manager, South Central Railway, Secunderabad & Others vs. G. Ratnam & Others, (2007) 8 SCC 212 and Airports Authority of India vs. Rajeev Ratan Pandey & Others, (2009) 8 SCC 337 ). 3. In view of the above, this Court is not inclined to interfere with the impugned transfer order. 4. The writ petition being devoid of any merit deserves to be and is hereby dismissed. However, considering the fact that the petitioner is raising personal difficulties in carrying out transfer order and for the fact that those difficulties should be addressed before the employer rather than before this Court and the transfer policy dated 5-6-2014 itself provides for an internal remedy by constituting a State level Committee of Senior Secretaries as mentioned in para 6 of the said policy, liberty is granted to the petitioner to file a fresh representation within a period of 15 days from today and, in turn, the committee shall consider and decide the same as early as possible, in accordance with law and on its own merits.