Chattisgarh High Court
Raj Kumar Singh Rana vs State Of Chhattisgarh on 26 September, 2022
1
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
WPS No. 5909 of 2022
• Raj Kumar Singh Rana S/o Late Shri Ved Pal Singh Rana Aged
About 57 Years R/o 62, New Police Line, Bilaspur, Opposite Police
Ground, Bilaspur.
------Petitioner
VERSUS
1. State of Chhattisgarh, through the Secretary, Department of Home
Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh.
2. Director General of Police, Police Head Quarter Chhattisgarh, Atal
Nagar, New Raipur Chhattisgarh.
3. Additional Director General of Police (Telecommunication) Police
Head Quarter Chhattisgarh New Raipur, Atal Nagar, New Raipur.
4. Superintendent of Police, Police Telecommunication Office, Bilaspur
Zone-Bilaspur.
-------Respondents
For Petitioner : Mr. Somkant Verma, Advocate
For Respondent-State : Mr. Sandeep Dubey, Dy. Adv. Gen.
Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
26/09/2022
1. By way of this writ petition, petitioner has challenged the order
dated 29.08.2022 & 30.08.2022 passed by Respondent No. 3 and
Respondent No. 4, whereby petitioner along with other
employees has been posted on temporary basis till further orders
to the place mentioned in the order therein.
2. Mr. Somkant Verma, learned counsel for petitioner would submit
that petitioner is working as Assistant Sub-Inspector and posted
as ASI (Telecommunication), Bilaspur Zone was transferred to
Manendragarh. He contended that this order of transfer of place
of posting is an order which was issued by Director General of
Police, Chhattisgarh who is not a competent authority as per
Section 22 of the C.G. Police Act, 2007. It is the Police
Establishment Board who is competent body to transfer any
person up to the level of Inspector from one Zone or range or
district to another. The proposal of change of place of posting was
not placed before the Police Establishment Board, hence,
Respondent No. 2 is having no jurisdiction to change the place of
posting of petitioner. Learned counsel places reliance on the
judgment passed in Writ Appeal No. 75/2022 ( State of C.G and
others vs. Smt. Gayatri Verma) passed on 10.02.2022 and WPS
No. 4258/2021 passed on 23.09.2021, in support of his
contention.
3. Mr. Sandeep Dubey, learned State counsel would submit that
pursuant to the formation of new district on 01.09.2022,
petitioner along with others have been temporarily posted to
cater the immediate need. He also submits that from the
contents of impugned orders itself, it is mentioned that petitioner
has been posted on temporary basis till further order and thereby
it is not an order of transfer of petitioner. He also contended that
as the new district Manendragrah-Chirmiri-Bharatpur is formed
only on 01.09.2022, hence, at present the post on which the
petitioner has been posted is not sanctioned by the State
Government which is under process. He also submits that sub-
section 2 of Section 22 is with regard to the transfer of police
personnel up to the post of Inspector which is not the case of
petitioner.
4. I have heard learned counsel for the parties and also perused the
documents placed on record.
5. Annexure P-1 is the order wherein it is mentioned that on account
of formation of fve new districts and to make arrangements for
proper functioning of Telecommunication service of police
department, petitioner along with other police personnel have
been temporarily posted at the place mentioned in front of their
name. Formation of new district on 01.09.2022 is not in dispute.
It is also not in dispute that Section 22 of the C.G. Police Act,
2007 is a provision deals with transfer of subordinate ranks up to
the level of Inspector from one zone or district by the Police
Establishment Board. Learned counsel for petitioner has not
disputed the submission made by learned counsel for
Respondents that the Manendragarh is a place which is also a
newly created district by the State Government on 01.09.2022,
however, he submits that once the pleading in the reply of the
State Government is accepted that the post is not sanctioned by
the State Government as on date, the posting of petitioner at
Manendragarh will be an attachment.
6. In view of the aforementioned facts of the case where the
petitioner who is in uniform service is posted to make out the
emergent need and proper arrangement of telecommunication
services of department of police in newly created district on
01.09.2022 and further that the post, as stated by the learned
counsel for Respondents, is not sanctioned as on date and it is
under process before the State Government for creating the post
in the newly formed district, I am not inclined to interfere with the
order impugned passed by Respondent No. 2.
7. However, Petitioner will be at liberty to approach appropriate
authority by way of fling a representation. And, in the event,
petitioner submits a representation, the same may be considered
expeditiously in accordance with law preferably within a further
period of three weeks from the date of receipt of representation.
8. With the aforesaid observation and direction, writ petition stands
disposed of.
Sd/-
(Parth Prateem Sahu)
Judge
Pawan
