Gota Dharmaiya vs State Of Chhattisgarh
2022 Latest Caselaw 2532 Chatt

                                         1

                                                                            NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                               WPS No. 5284 of 2021

   1. Gota Dharmaiya S/o Gota Kithtaiya Aged About 40 Years Presently Posted
      As Head Constable At C.T.J.W. College, Kanker (Chhattisgarh) R/o- C.T.J.W.
      College, Kanker, Premises, District Kanker (Chhattisgarh)

                                                                     ---- Petitioner

                                     Versus

   1. State Of Chhattisgarh Through Its Secretary, Department Of Home,
      Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh),
      District : Raipur, Chhattisgarh

   2. Director General Of Police Police Head Quarters, Atal Nagar, District Raipur
      (Chhattisgarh)

   3. Director C.T.J.W. College, Kanker, District Kanker (Chhattisgarh)

                                                     ---- Respondents

For Petitioners : Mr. Mateen Siddiqui, Advocate For State : Mr. R. M. Solapurkar, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 20.04.2022

1. The challenge in the present writ petition is to the impugned order

(Annexure P/1) dated 04.09.2021 whereby the services of the petitioner

was transferred from C.T.J.W. College, Kanker to 17 Battalion,

Chhattisgarh Armed Forces, Kabirdham.

2. The impugned order contained transfer of 38 other Police Personnels

from one place to another. A large number of constables whose names

appeared in Annexure P/1 had challenged the same on the

competency of the Authority who has passed the impugned order. In a

bunch of writ petitions before this Court the leading case of which being

WP(S) NO. 5280 of 2021. The bunch of writ petitions stood allowed

vide a common judgment passed by this Court on 16.03.2022.

3. Learned counsel appearing for the petitioner submits that as per his

informations and instructions till date no appeal against the said order

has been preferred by the respondents or atleast he has not been

served with a copy of any such writ appeal, if filed.

4. Given the fact that the issue involved in the present writ petition already

stands decided and adjudicated upon by this Court in the aforesaid

bunch of writ petitions decided on 16.03.2022, the present writ petition

also deserves to be and is allowed in similar terms. The writ petition

accordingly stands allowed and the impugned order stands quashed in-

terms of the order dated 16.03.2022 passed in WP(S) No. 5280 of

2021 and other connected matters, with consequences to follow.

5. The liberty of the respondents as provided in the order dated

16.03.2022 would still stand reserved to take appropriate decision in

accordance with the law as has been held in the said case of similar

nature.

Sd/-

P. Sam Koshy Judge Jyoti