Citation : 2022 Latest Caselaw 6246 Chatt
Judgement Date : 13 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 526 of 2022
Priti Bhoi, W/o Lt. Sanjay Bhoi, aged about 35 years, R/o Gandhi Nagar,
Basantpur, District Rajnandgaon (CG) Presently residing at Sarona,
District Raipur (C.G.)
---- Appellant
Versus
1. Chhattisgarh State Cooperative Bank, Indira Gandhi Vyavsaik
Parisar, Pandri, Raipur, CG.
2. District Cooperative Central Bank Maryadit, Raipur Through CEO,
Raipur, CG.
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Rahul Tamaskar, Advocate.
For Respondents : Ms. Nupur Trivedi, Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Sanjay Agrawal, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
13.10.2022
Heard Mr. Rahul Tamaskar, learned counsel for the
appellant/petitioner. Also heard Ms. Nupur Trivedi, learned counsel,
appearing for the respondents.
2. This writ appeal is presented against an order dated 29.08.2022
passed by the learned Single Judge in Writ Petition (S) No. 425 of 2022,
whereby, the writ petition filed by the petitioner assailing an order dated
12.01.2022 was disposed of with liberty to make representation before
the respondent authorities.
3. The petitioner, who is working as a 'Peon', was transferred from
Branch Bhatagaon to the office of Co-operative Central Bank, Branch
COD Raipur by an order dated 04.12.2021.
4. Challenging the said order, the petitioner had approached this Court
by filing a writ petition being Writ Petition (S) No. 6970 of 2021 and on the
submission of the learned counsel for the petitioner that the petitioner
may be allowed to submit a representation to respondent No. 2, the writ
petition was disposed of by an order dated 20.12.2021 providing that the
petitioner may submit representation within 10 days. It was also provided
that on such representation being filed, the respondents would decide the
the same within a period of three weeks therefrom.
5. Subsequent to the aforesaid order, the petitioner submitted a
representation which was disposed of by the order dated 12.01.2022.
6. Mr. Tamaskar submits that in the representation submitted, plea
was taken that the petitioner has difficulties in finding residential
accommodation and in providing education to the child.
7. Challenging the aforesaid order dated 12.01.2022, the writ petition
out of which the present appeal arises, came to be filed.
8. The writ petition was again disposed of on the submission of the
learned counsel for the petitioner that the petitioner would like to make a
representation before the respondent authorities as the petitioner has
some grievance with some officers.
9. The learned Single Judge took note of the fact that the transferred
place of the petitioner is at a distance of 5 km from the earlier office at
Bhatagaon, and accordingly, the writ petition was disposed of, as follows:
"5. Accordingly, the instant writ petition (s) is disposed
of with liberty to make a representation before the
respondent authorities. The petitioner is directed to file a
representation before concerned respondent authorities
within a period of two weeks and on such representation
being filed, the respondent authorities shall consider and
decide the same, in accordance with law, within a period of
six weeks from the date of receipt of a copy of the
representation."
10. Mr. Tamaskar submits that the petitioner had made a complaint
against an officer before the Chhattisgarh State Women Commission and
the said officer is posted in the very same Branch to which the petitioner
was transferred.
11. Relying on the affidavit filed, Ms. Trivedi submits that the complaint
lodged by the petitioner before the Chhattisgarh State Women
Commission was dismissed by an order dated 28.09.2018 holding the
same to be false and without any basis. It is further submitted that the
said officer, being a Grade-I officer will always be posted in the head
office, whereas the petitioner is posted in a Branch office, and therefore,
the statement that the petitioner was transferred to the very same office
in which the person against whom she had made complaint was posted,
is a misleading statement. She submits that the petitioner is transferred
within the city of Raipur and that no complaint was made to the
authorities of the Bank by the petitioner against any officer.
12. Since the writ petition came to be disposed of on the submission of
the learned counsel for the petitioner that the petitioner intends to submit
a representation, we find no good ground to entertain this appeal and
accordingly, the appeal is dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
Chief Justice Judge
Brijmohan
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