Chattisgarh High Court
Dharamjeet Prasad Patel vs State Of Chhattisgarh on 6 September, 2022
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
WA No. 231 of 2022
Dharamjeet Prasad Patel S/o Late Shri Raghubir Prasad Patel
Aged About 55 Years Currently Posted As Deputy Managing
Director, District Union, Manendragarh, Forest Division,
Manendragarh (Chhattisgarh)
---- Appellant
Versus
1. State Of Chhattisgarh Through The Principal Secretary,
Department Of Forest And Environment, Mahanadi Bhawan, Naya
Raipur, Atal Nagar, Raipur (Chhattisgarh)
2. Principal Chief Conservator Of Forest, Department Of Forest And
Environment Aranya Bhawan, Sector-19, Nava Raipur, Atal Nagar,
Raipur (Chhattisgarh)
3. Managing Director, Chhattisgarh State Minor Forest Produce
(Trading And Development) Co- Operative Federation Limited, Atal
Nagar, District Raipur (Chhattisgarh)
4. Managing Director, District Forest Produce Union, Manendragarh
(Chhattisgarh)
5. Karuna Sagar Khutiya, Retired ACF, R/o Mangal Pandey Ward No.
13, Namanakala, Ambikapur, District Surguja (Chhattisgarh)
---- Respondents
For Appellant : Mr. Manoj Paranjpe, Advocate
For Respondents No. 1 to 4 : Ms. Astha Shukla, Govt. Advocate
For Respondent No.5 : Mr. Prafull N. Bharat, Senior
Advocate along with Mr. Tanmay
Thomas, Advocate
Date of Hearing : 08.07.2022
Date of Judgment : 06.09.2022
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DB : Hon'ble The Chief Justice &
Hon'ble Shri Justice Parth Prateem Sahu
CAV Judgment
Per Parth Prateem Sahu , J.
1. Challenge in this writ appeal is to order dated 25.03.2022 passed
in Writ Petition (S) No.1913 of 2022 whereby learned Single Judge
dismissed the writ petition.
2. Facts relevant for disposal of this appeal are that the appellant,
who is an employee of the Forest Department holding the post of
Assistant Conservator of Forest and posted as In-charge Flying
Squad at Sarguja Circle Office, was transferred vide order dated
21.02.2022 to the post of Deputy Managing Director, District Union,
Manendragarh. Pursuant to order of transfer, appellant was
relieved by the Chief Conservator of Forest, Sarguja Circle,
Ambikapur on 23.02.2022. He gave his joining in the office of the
Managing Director, District Union Manendragarh on 24.02.2022.
He was not handed over the charge of the post of Deputy
Managing Director, District Union Manendragarh. An order dated
11.03.2022 was issued amending the earlier order of transfer
dated 21.02.2022, posting the appellant as Sanlangnadhikari at
Manendragarh Forest Division, Manendragarh. An order amending
the earlier transfer order passed by respondent No.1 was put to
challenge by the appellant by way of filing writ petition bearing WP
(S) No.1913 of 2022, which came to be dismissed by the
impugned order.
3. Shri Manoj Paranjpe, learned counsel for the appellant would
submit that the order dated 11.03.2022 (Annexure A-10) was
issued by respondent No.1 only to accommodate respondent No.5.
Respondent No.5 is a retired Assistant Conservator of Forest. He
was appointed on contract basis till regular posting of the Deputy
Managing Director. Once the appellant acted upon and complied
with the order of transfer, the order which is acted upon could not
be amended or cancelled. He submits that the appellant in support
of the above contention has placed on record the orders passed by
this Court vide Annexure A-11.
4. Ms. Ashtha Shukla, learned Govt. Advocate representing
respondents No. 1 to 4 would submit that by the order of transfer
dated 21.02.2022 (Annexure A-2) issued by respondent No.1, as
many as 59 officers/employees of the Department were
transferred. On the date of issuance of order of transfer, post on
which the appellant was transferred was not vacant. No order is
passed with respect to respondent No.5. When this error came to
knowledge of the authority, immediately, the error was rectified by
passing the order dated 11.03.2022 (Annexure A-10). Appellant
was not shifted from Manendragarh, but he was posted in another
office. By the amended order dated 11.03.2022, appellant is not
required to move and shift to any other place to join the amended
place of posting. The appellant was not put to any inconvenience
even if he submits that he has already complied with order of
transfer. The order impugned does not call for any interference.
5. Mr. Prafull Bharat, learned senior counsel appearing for
respondent No.5 would submit that respondent No.5, after his
retirement from the department, was appointed on contractual
basis looking to the emergent need. He was appointed on
contractual basis on 22.11.2021 for a period of one year till posting
of regular Deputy Managing Director by way of deputation.
Appellant was not posted on deputation but simple order of
transfer was passed. He also contended that on the date of
passing of order of transfer dated 21.02.2022, post of Deputy
Managing Director, District Union Manendragarh, was not vacant
and respondent No.5 had not handed over the charge to the
appellant at any point of time.
6. We have heard learned counsel for the parties and perused the
records of the writ petition.
7. Grievance of the appellant before the learned Single Judge was
that respondent No.1 issued the order dated 11.03.2022 amending
the order of transfer dated 21.02.2022 so far as it relates to
appellant. Perusal of transfer order dated 21.02.2022 would show
that employees mentioned in order of transfer (59 in numbers)
were transferred mentioning 'administrative exigency'. The record
of writ petition would further reflect that there was no interim order
in favour of appellant/petitioner. The writ petition filed on
15.03.2022 came to be dismissed vide order dated 25.03.2022. In
the writ appeal also, there is no interim order in favour of appellant.
8. Judgment relied upon by learned counsel for the appellant in
support of his contention is on different facts where the order
executed was cancelled. From perusal of judgment on which
appellant placed reliance, it is not ascertainable whether the
petitioner/appellant therein was transferred to a vacant post or not.
In the case at hand, on the date of passing of transfer order of the
appellant, respondent No.5 was already posted in the office of
District Union Manendragarh and after getting the knowledge that
post is already occupied by respondent No.5, order amending
place of posting of appellant was passed. The order appointing
respondent No.1 is for 1 year or till permanent appointment/posting
of Assistant Conservator of Forest on deputation, whichever is
earlier.
9. For the foregoing discussions, we find no good ground to interfere
with the impugned order passed by learned Single Judge.
10. Accordingly, writ appeal also stands dismissed.
Sd/- Sd/--
(Arup Kumar Goswami) (Parth Prateem Sahu)
Chief Justice Judge
Praveen
