Chattisgarh High Court
Dr. I.P. Gupta vs State Of Chhattisgarh on 17 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(S) No. 6514 of 2022
Dr. I.P. Gupta S/o Late Shri R. N. Gupta Aged About 64 Years R/o
Sumukh Sadan, Harshringar-33, Rajkishore Nagar Bilaspur Presently
Posted As Principal Of Veerangana Avanti Bai Lodhi Government
College Patharitya, District Mungeli (C.G.)
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Higher Education
Department, Mantralaya, Atal Nagar, New Raipur (C.G.)
2. The Accountant General Chhattisgarh Raipur
3. The Commissioner Higher Education Department, Raipur (C.G.)
---- Respondents
For Petitioner : Mr. Shivang Dubey, Advocate
For Respondents/State No.1 & 3 : Ms. Sunita Jain, G.A.
For Respondent No.2 : Mr. Raj Kumar Gupta, Advocate
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
17/10/2022
1. Challenge in this petition is to the order dated 30.09.2022,
whereby petitioner, who is working as Principal has been
transferred from Veerangana Avanti Bai Lodhi Government
College, Pathariya, District - Mungeli to Government College,
Janakpur, District - Korea on the ground of
administrative/complaint.
2. Learned counsel for petitioner submits that petitioner has filed
this petition on three grounds. Firstly Petitioner is due to retire on
31.07.2023 and if place of posting of petitioner is changed, he will
face difficulty in settling retiral dues. He further contended that
government employee can not be transferred on the ground of
complaint without providing proper opportunity of hearing, he is
patient of cardiac disease. He also contended that petitioner is
not relieved from his present place of posting till date. In support
of his contention, counsel for petitioner has placed reliance on
the judgment of Supreme Court in case of Somesh Tiwari Vs.
Union of India, reported in (2009) 2 SCC 592.
3. Learned State counsel submits that the grounds raised in this
petition is not good ground to interfere with order of transfer,
however, if petitioner is aggrieved with respect to his transfer, he
he can very well submit representation before the Committee
constituted under transfer policy raising all his grievances, which
will be considered in accordance with law.
4. I have heard learned counsel for parties and perused the
documents placed on record.
5. Taking into consideration the facts and circumstances of the case
particularly the fact that petitioner is due to retire on 31.07.2023
and further transfer of petitioner is on the basis of administrative/
complaint and as submitted by learned counsel for petitioner that
neither any show cause notice was issued to him nor opportunity
of hearing was given to him, I find it appropriate to dispose off
this petition directing petitioner to submit representation, before
the Committee constituted under the transfer policy within a
period of 10 days from today and in turn the Committee shall
consider and decide the representation within further period of
three weeks from the date of receipt of representation.
6. For a period of five weeks or till decision of representation
whichever is earlier status-quo as it exists today with respect to
posting of petitioner shall be maintained.
7. Accordingly, this petition is disposed off with aforesaid
observations and directions.
1. Sd/-
(Parth Prateem Sahu)
Judge
Balram
