UTTAM CHANDRA MESHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks to challenge the legality and validity of the order dated 19.08.2011 (Annexure-P/1) passed by the respondent No.4.

(2.) Learned counsel appearing for the petitioner submits that the petitioner has been subjected to transfer 4 times in a year. The petitioner was first transferred on 05.06.2010 from Takhatpur, District Bilaspur to Balodabazar, District Raipur. Thereafter, on 24.12.2010, the petitioner was transferred from Balodabazar to Chhuriya, District Rajnandgaon. The petitioner could join at Chhuriya only on 30.04.2011 on account of the interim relief granted by this Court. Thereafter, on 25.07.2011, the petitioner was transferred on 19.08.2011 from Chhuriya to Gariyaband. The petitioner was again transferred on 19.08.2011 from Gariyaband to Naila, District Janjgir Champa, Thus, this tantamount to frequent transfer. It appears that the administrative exigency has not been exercised in a proper manner and the petitioner has been transferred time and again without any rhyme or reason.

(3.) On the other hand, learned counsel appearing for the respondents submit that the transfer order has been passed because of administrative exigency. The place of posting has been changed between the petitioner and the respondent No.5 by itself is not sufficient to show that the transfer order has been passed with mala fide intention only to accommodate the respondent No.5.