LAWS(CHH)-2011-11-44

C. N. SINGH Vs. THE STATE OF CHHATTISGARH

Decided On November 16, 2011
C.N. Singh Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Challenge in this petition is to the order dated 07.09.2011 (Annexure P/), whereby, the petitioner working as Joint Director, Agriculture, Bilaspur, has been transferred to Indira Gandhi Krishi Vishwavidyalaya, Raipur (for short 'IGKVV'), on the post of Deputy Registrar.

(2.) Shri Thakur, learned counsel appearing for the petitioner submits that the petitioner is an employee of Agriculture Department of the State of Chhattisgarh and by the impugned order, he has been transferred to a different establishment which is not permissible under the law. Thus, it can be inferred that the petitioner has been sent on deputation and that too, without obtaining his consent.

(3.) On the other hand, Shri Bhaduri, learned Panel Lawyer appearing for the State/respondent No. 1 and 2 submits that the impugned transfer was made on account of administrative exigency. He further submits that the IGKVV, is also under the control of the State Government, Department of Agriculture, therefore, there was no need of any consent of the petitioner before transferring him to the IGKVV. He further submits that the post of Deputy Registrar is an En cadre post of Agriculture Department. Thus, there is no infirmity in transferring the petitioner from Agriculture Department to IGKVV.