Chattisgarh High Court
Durga Prasad Patel vs State Of Chhattisgarh on 8 July, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 352 of 2022
Durga Prasad Patel S/o Late Shri Padamsingh Aged About 52 Years
Occupation Excise Constable, Office- District Excise Officer, District-
Bastar, R/o Hatakchora, Jagdalpur, District : Bastar (Jagdalpur),
Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Upper Secretary, Excise/
Commercial-Tax-Department, Mantralaya, Mahanadi Bhawan,
Naya Raipur, Chhattisgarh
2. Commissioner Office of Excise Commissioner, Chhattisgarh,
Mantralaya, Naya Raipur,
3. Assistant Commissioner Excise Jagdalpur, District :
Bastar(Jagdalpur), Chhattisgarh
4. District Excise Officer Office of District Excise Officer, Jagdalpur,
District : Bastar(Jagdalpur), Chhattisgarh
5. District Excise Officer Office of District Excise Officer, Kanker,
District : Kanker, Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Abdul Wahab Khan, Advocate
For Respondents : Ms. Astha Shukla, Government Advocate
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Parth Prateem Sahu, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
08.07.2022
Heard Mr. Abdul Wahab Khan, learned counsel for the appellant.
Also heard Ms. Astha Shukla, learned Government Advocate, appearing
for the respondents.
2. This appeal is presented against an order dated 29.06.2022
passed by the learned Single Judge in WPS No. 4459/2022. By the said
order, 07 writ petitions came to be disposed of.
3. Challenge in the writ petition was to an order of transfer dated
22.06.2022. The petitioner is a constable in Excise Department.
4. Contentions were advanced that as the petitioner was transferred
to a different district, his seniority will be effected, and as such, same will
have an adverse effect in his service career.
5. It appears from the order of the learned Single Judge that
submission was advanced by the learned State counsel that the
gradation list was published State-wise and therefore, seniority of the
petitioner shall not be effected. Submission was also advanced that if the
petitioner has some objection, he may file written objection, which shall
be considered by the respondents.
6. The learned Single Judge disposed of the writ petition as follows :
"4. After considering on these submissions, all the
petitions are disposed off. The petitioners are
granted liberty to make representation raising their
objection within a time limit of 15 days. On filing of
such representation, respondents shall consider on
the same and decide at the earliest in accordance
with law on their own merits within a further time
limit of 45 days."
7. A perusal of the above would go to show that the learned Single
Judge did not record any finding with regard to the plea taken by the
petitioner that his seniority might be effected. However, submissions of
the respective parties were noted. Before this Court also, similar
submissions are advanced by the learned counsel for the parties.
8. Mr. Khan submits that since the learned Single Judge has granted
15 days' time to the petitioner to file representation and 45 days' time
was granted, as an outer limit, to the respondents to pass order on the
representation, the order of transfer dated 22.06.2022 may be stayed till
disposal of the representation.
9. Ms. Shukla, in response, submits that the petitioner stood relieved
from his duty on the day of the order of transfer dated 22.06.2022. She
further submits that all the seven petitioners, whose cases were disposed
of by the order dated 29.06.2022, belonged to the Office of the District
Excise Officer, Bastar and four persons had joined in the Office of the
District Excise Officer, Bastar. She, however, fairly submits that she is
not in a position to indicate in place of which of the petitioners they have
joined.
10. Having regard to the subject matter in dispute and noting that the
petitioner was relieved on 22.06.2022, the prayer of Mr. Khan cannot be
accepted at this point of time. However, considering the matter in its
entirety, we direct that if any representation is filed within a period of 15
days' from the date of order of the learned Single Judge dated
29.06.2022 to the respondent No.2, the same shall be disposed of within
a period of 15 days' therefrom with intimation to the petitioner.
11. With the aforesaid modification of the order of the learned Single
Judge, the writ appeal stands disposed of.
Sd/- Sd/-
(Arup Kumar Goswami) (Parth Prateem Sahu)
Chief Justice Judge
Chandra
