Bhanu Pratap Singh Chouhan vs State Of Chhattisgarh
2022 Latest Caselaw 5556 Chatt

                                    1

                                                                  NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                      Writ Appeal No. 462 of 2022

Bhanu Pratap Singh Chouhan S/o Late Shri G.S. Chouhan Aged About
58 Years R/o Ward No. 21, Near Gayatri Mandir, Kabirdham, P.S. City
Kotwali, Tahsil And Distt. Kabirdham Chhattisgarh

                                                           ---- Appellant

                                 Versus

1.    State of Chhattisgarh, Through its Convener and Secretary,
      Committee of Senior Secretary (Transfer Matter) General
      Administration Department, Mahanadi Bhawan, Mantralaya, Police
      Station and Post Rakhi, Atal Nagar, New Raipur, District Raipur
      (C.G.)

2.    State of Chhattisgarh Through its Secretary, Department of Excise
      (Commercial Tax), Mahanadi Bhawan, Mantralaya, Police Station
      and Post Rakhi, Atal Nagar, New Raipur, District Raipur (C.G.)

3.    District Excise Officer (DEO), Office of District Excise Officer,
      Kabirdham, Distt. Kabirdham (C.G.)

                                                       ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Abhishek Pandey, Advocate. For Respondents : Mr. Gagan Tiwari, Deputy Government Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Justice Deepak Kumar Tiwari, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

06.09.2022

Heard Mr. Abhishek Pandey, learned counsel for the appellant. Also

heard Mr. Gagan Tiwari, learned Deputy Government Advocate,

appearing for the respondents.

2. This writ appeal is presented against an order dated 25.07.2022

passed by the learned Single Judge in Writ Petition (S) No. 5030 of 2022,

whereby the learned Single Judge directed the appellant to make a

representation against the order of transfer dated 29.06.2022 within a

period of four weeks from the date of receipt of copy of the order and also

providing that in the event, such representation is made, the respondent

authorities were directed to consider the same in terms of the judgment of

Hon'ble Supreme Court in Civil Appeal No. 1243 of 2022 decided on

10.03.2022, parties being, "SK Naushad Rahaman & Others v. Union

of India & Others".

3. The appellant, who is an Excise Head Constable, was transferred

from Kabirdham to Durg. The writ petition does not disclose for how long

the appellant was posted in Kabirdham.

4. On the basis of the instructions received, Mr. Tiwari submits that the

appellant is posted in the Office of District Excise Officer, Kabirdham from

02.03.2009 as Constable and subsequently, he has been promoted as

Head Constable on 21.07.2020 and posted in the same office.

5. A perusal of the writ petition would go to show that a plea was taken

that the wife of the appellant is suffering from liver disease and kidney

failure and she needs oxygen support and is taking treatment in

Kabirdham.

6. Having heard the learned counsel for the parties, we dispose of this

writ appeal by providing that the appellant may make representation

within a period of seven days from today to the respondent No. 2 and the

respondent No. 2 or any other authority, who is supposed to consider

such representation, shall dispose of the representation of the appellant

within a further period of two weeks thereafter.

7. Till the representation is decided, the order of transfer dated

29.06.2022 so far as it relates to the appellant shall remain suspended.

8. We, however, hasten to add that this Court has not expressed any

opinion on the merits of the case.

                         Sd/-                                    Sd/-
                  (Arup Kumar Goswami)                    (Deepak Kumar Tiwari)
                      Chief Justice                             Judge



Brijmohan