Sandeep Kumar Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 1046 Chatt

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                                                                   NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                        W.P.(S) No. 1394 of 2023

Sandeep Kumar Sahu S/o Late Shri Birendra Sahu Aged About 38
Years Working As Head Constable, Police Station, Berla, District -
Bemetara Chhattisgarh.

                                                           ---- Petitioner

                                Versus

1.    State Of Chhattisgarh Through The Secretary, Home (Police)
      Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur
      Chhattisgarh.

2.    The Director General Of Police Police Headquarter Chhattisgarh,
      Sector 19, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

3.    The Superintendent Of Police Bemetara, District - Bemetara
      Chhattisgarh.

4.    Ashish Chhabra Member Of Legislative Assembly, Constituency
      No. 69, Raipur Road, Bemetara, District Bemetara Chhattisgarh.

                                                      ---- Respondents

For Petitioner : Mr. Vipin Singh Thakur, Advocate For Respondents/State : Mr. Shubham Verma, P.L.

Hon'ble Shri Justice Parth Prateem Sahu Order On Board 17/02/2023

1. Challenge in this petition is to the order dated 02.02.2023,

whereby petitioner, who is holding the post of Head Constable

posted at District -Bemetara is transferred to District Khairagarh-

Chhuikhadan-Gandai on administrative ground.

2. Learned counsel for petitioner submits that order of transfer of

petitioner is in mids of academic session. He contended that

petitioner is having two children who are studying in Class 6th and

Nursery in English Medium School affiliated to CBSE and exams

are to be conducted shortly and if petitioner is to join at the

transferred place of posting, the studies of children will be

adversely affected. He also contended that petitioner has already

submitted representation before respondent No.2, which is

pending consideration and petitioner till date has not been

relieved from his present place of posting. In support of his

contention, he placed reliance on the judgment of Supreme Court

in case of Director of School Education Vs. O. Karuppa

Thevan, reported in 1994 SCC Suppl. (2) 666.

3. Learned State counsel opposing the submission made by learned

counsel for petitioner would submit that transfer of petitioner is on

administrative exigency, hence, no interference is required in the

impugned order of transfer.

4. I have heard learned counsel for parties and perused the

documents available in record.

5. Petitioner in this petition has placed on record the copy of identity

card issued by school in the name Anish Sahu, S/o. Sandeep

Kumar Sahu and Yashasvi Sahu, D/o. Sandeep Kumar Sahu.

Son of petitioner is student of Class-6th. Taking into

consideration the same as also the decision of Hon'ble Supreme

Court in case of Director of School Education (supra), this

petition is disposed off at this stage instead of keeping this

petition pending and taking reply from the State, directing

respondent No.2 to take decision on pending representation

submitted by petitioner within a period of three weeks from the

date of receipt of copy of order passed by this Court..

6. Till the decision on representation, 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.

C.C. as per rules.

1. Sd/-

(Parth Prateem Sahu) Judge

Balram