Rajkumar Kashyap vs State Of Chhattisgarh
2022 Latest Caselaw 4335 Chatt

                                                                                                 NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                      WPS No. 4746 of 2022
    • Rajkumar Kashyap S/o Late Ram Gulal Kashyap Aged About 60 Years
      Presently Posted As Head Constable, At Office Of Assistant Commissioner
      (Excise) District Janjgir Champa, R/o Ward No. 17, Opposite Gyan Bharti
      School, Janjgir, District : Janjgir-Champa, Chhattisgarh
                                                                                       ---- Petitioner
                                               Versus
   1. State Of Chhattisgarh Through Its Principal Secretary, Department Of
      Commercial Tax (Excise), Ministry, Mahanadi Bhawan, Capital Complex, Atal
      Nagar, P.S. And P.O. Rakhi, District : Raipur, Chhattisgarh
   2. Under Secretary Department Of Commercial Tax (Excise), Ministry Mahanadi
      Bhawan, Capital Complex, Atal Nagar, P.S And P.O. Rakhi, District : Raipur,
      Chhattisgarh
   3. Commissioner (Excise) Gst Bhawan, Nawa Raipur, Atal Nagar, District :
      Raipur, Chhattisgarh
   4. Deputy Commissioner (Excise) District Janjgir Champa Chhattisgarh.
                                                                                    ---- Respondent


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For petitioner : Mr. Mateen Siddiqui, Advocate.

For Respondent/State : Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Narendra Kumar Vyas.

Order on Board

(08-07-2022)

1. The petitioner has preferred the instant writ petition being aggrieved with the order dated 29-6-2022 (Annexue P/1) passed by the respondent No.2 whereby he has been transferred from office of Assistant Commissioner (Excise), District Janjgir-Champa to the office of Assistant Commissioner (Excise), Distict Raigarh..

2. The petitioner has mentioned in 9.10 of the writ petition that he is having some medical problems of his family members, out of whom his wife namely Mrs. radha Kashyap is going under medical treatment as she is suffering from Anemia Rheumatoid Arthritis and son Iashwar Kashyap

admitted for 22 days in Budhiya Hospitgal at Bilaspur as his leg 's bone was broken due to road accident and his daughter-in-law Mr. Chandni Kashyap is under observation by Dctor due to her head injury in Apollo Hospital, Bilaspur which are supported by medical documents. Lastly he would submit that he may be given liberty to make a representation before the respondents authority and same shall be considered and decided by the respondents authorities within two months.

3. Considering the aforesaid submissions made by learned counsel for the petitioner which are supported by the medical documents, it is directed that the petitioner shall file a representation before concerned respondent authorities within a period of two weeks raising all his persional difficulties and grievances and on such represenation being filed, the respondent authorities shall consider and decide the same, in accordance with policy of the Government within a period of two months from the date of receipt of a copy of the representation, keeping in mind the judgment of Hon'ble Supreme Court in Civil Appeal No 1243 of 2022 (S.K. Nausad Rahaman and others vs. Unio of India and orthers) decided on 10-3-2022 whereiin the Hon'ble Supreme Court has observed in para 53 which is extracted as under:

"53. In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence while we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such an exercise has to be left within the

domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected. The appeals shall be disposed of in the above terms".

4. With the aforesaid observations and direction, the instant writ petition

(s) stands disposed of. It is directed that till the representation is decided by the respondent authorities within the stipulated period given in foregoing para, the transfer order shall remain stayed.

5. Consequently, I.A.No.1 of 2022 also stands disposed of.

Sd/-

(Narendra Kumar Vyas) JUDGE

Raju