Chittaranjan Swain vs Union Of India And Others .... Opposite ...
2026 Latest Caselaw 2949 Ori

Orissa High Court

Chittaranjan Swain vs Union Of India And Others .... Opposite ... on 26 March, 2026

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK


                        W.P.(C) No.8566 of 2026


        Chittaranjan Swain               ....                   Petitioner
                                                  Mr. N. Biswal, Advocate

                                      -versus-

        Union of India and Others ....          Opposite Parties
                                   Mr. A.K. Saa, CGC along with
                                            Mr. P.K. Parhi, DSGI


                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

26.03.2026 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. Learned counsel for the petitioner contended that petitioner on his own request was transferred to Bhubaneswar vide office order dated 02.07.2025 under Annexure-3. However, vide the impugned order so passed, within 7 (seven) months of his posting at Bhubaneswar, he has been transferred and posted to 127 Battalion, Raipur.

3.1. It is accordingly contended that since petitioner on his own request was placed at Bhubaneswar, he // 2 //

could not have been transferred within 7 (seven) months of his joining at Bhubaneswar.

4. Learned DSGI on the other hand contended that since petitioner has been transferred on promotion, it cannot be held that it is a formal order of transfer only. It is also contended that since so many persons after being extended with the benefit of promotion, have been given posting in the available vacancies, no interference is called for.

5. At this point of time, learned counsel for the petitioner contended that seeking cancellation of the order of transfer, petitioner has already moved an application before Opp. Party No.3 on 12.03.2026 and the same is yet to be acted upon. It is accordingly contended that Opp. Party No.3 be directed to take a decision on Annexure-5 within a reasonable time period and till then petitioner be protected.

6. Having heard learned counsel for the parties and considering the submission made, this Court while disposing the writ petition, directs Opp. Party No.3 to take a lawful decision on the request made by the petitioner under Annexure-5, within a period of 2 (two) weeks from the date of receipt of this order. Till a decision is taken as directed, status-quo as on today with regard to continuance of the petitioner be maintained. Petitioner is directed to provide a copy of

// 3 //

this order along with Annexure-5 before Opp. Party No.3 within a period of 3 (three) days from the date of receipt of this order.

7. The Writ Petition stands disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack Date: 30-Mar-2026 10:49:59