ML NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashing of the order dated 15.7.2011 (Annexure P/1) whereby the petitioner, working as Deputy Treasury Officer at Bhanupratappur, has been transferred to Antagarh, District Kanker.

(2.) SHRI Agrawal, learned Senior counsel appearing with SHRI Sahu, learned Advocate for the petitioner submits that the order dated 30.06.2009 (Annexure P/3) was passed transferring the petitioner from District Treasury Office, Kanker to Sub Treasury, Bhanupratappur, by the State Government. Subsequently, the impugned transfer order dated 15.07.2011 (Annexure P/1) was passed by the Collector. Thus, it is bad in law as the appointing authority of the petitioner is the State Government and not the Collector. SHRI Agrawal further submits that the impugned transfer is in violation of the transfer policy of the State as the petitioner has not completed 2 + years of service at the present place.

(3.) ON perusal of the impugned order, it is found that it is a transfer within the district for which the Collector is fully competent and justified in placing the petitioner at any place within the district and that too has been done on the approval of the Minister-in-charge in accordance with the transfer policy. The petitioner has not challenged the impugned transfer order on any permissible legal ground i.e. exercise of mala fide or violation of any statutory rules or regulations.