Amit Sinha vs State Of Chhattisgarh
2022 Latest Caselaw 6386 Chatt

                                    1


                                                                    NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR
                            WA No. 591 of 2022

   Amit Sinha S/o K.P. Sinha Aged About 42 Years Occupation, Service,
   Presently Posted As Child Development Project Officer, Dharsiva 01,
   Raipur Chhattisgarh, R/o House No. 1-32, Avinash Capital Homes,
   Saddu, Raipur, Tahsil And District Raipur Chhattisgarh
                                                             ---- Appellant
                                 Versus
   1. State of Chhattisgarh Through Secretary, Department of Women And
      Child Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur,
      Atal Nagar, Raipur, District Raipur Chhattisgarh
   2. Director Department of Women And Child Development, Raipur
      District Raipur Chhattisgarh
   3. Mamta Joshi, posted as Child Development Project Officer, At
      Integreated Child Development Project, Dharsiwa 01, District Raipur
      Chhattisgarh
                                                        ---- Respondents

(Cause Title taken from Case Information System)

For Appellant : Mr. Rajeev Shrivastava, Senior Advocate assisted by Mr. Sourabh Sahu, Advocate For Respondent No. 1&2 : Mr. Gagan Tiwari, Deputy Government Advocate For Respondent No. 3 : Mr. Rajesh Kumar Kesharwani, Advocate.

Hon'ble Mr. Arup Kumar Goswami, Chief Justice

Hon'ble Mr. Sanjay Agrawal, Judge

Judgment on Board Per Arup Kumar Goswami, Chief Justice

19/10/2022

Heard Mr. Rajeev Shrivastava, learned senior counsel, assisted by

Mr. Sourabh Sahu, learned counsel, appearing for the appellant, on IA

No. 1 of 2022, which is an application for condonation of 9 day's delay in

preferring the connected appeal.

2. Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing

for the respondents No. 1 and 2 as well as Mr. Rajesh Kumar Kesharwani,

learned counsel, appearing for the respondent No. 3, have no objection.

3. Accordingly, delay is condoned. IA No. 1 of 2022 stands disposed of.

4. On the request of learned counsel for the parties, the appeal is taken

up for consideration.

5. This appeal is presented against an interim order dated 17.08.2022

passed in WPS No. 5417/2022, whereby the learned Single Judge stayed

the order of transfer dated 05.08.2022.

6. The appellant herein is respondent No. 3 in the writ petition. It

appears from the order dated 17.08.2022 that the writ petition is admitted

for hearing.

7. Mr. Kesharwani submits that this appeal is not maintainable in view of

Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act,

2006, as the appeal is preferred against an interlocutory order.

8. Mr. Shrivastava is unable to dispute the above position. However, he

submits that the interim order was passed after the appellant had joined

the transferred place of posting and therefore, the interim order is rendered

infructuous.

9. Since we are in agreement with Mr. Kesharwani that this appeal is

not maintainable, we refrain from making any comments on the submission

of Mr. Shrivastava. However, we grant liberty to the appellant to file

appropriate application before the learned Single Judge, if so advised for

vacating or alteration of the interim order. In case any such application is

filed, the same shall be listed in List-I hearing list for consideration and

disposal.

10. The appeal stands disposed of with the aforesaid observations.

                           Sd/-                                   Sd/-
                   (Arup Kumar Goswami)                     (Sanjay Agrawal)
                       CHIEF JUSTICE                            JUDGE




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