SATYANARAYAN MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 07.11.2009 (Annexure P/1) whereby the petitioner, working as Sub Inspector at District Bilaspur, was transferred to District Narayanpur, on administrative grounds, and further, the charge-sheet dated 03.09.2011 (Annexure P/12) where it has been alleged that even after being relieved from his present place of posting, the petitioner did not join his transferred post and thus, had shown disobedience of the orders of the superior authority, by not joining the transferred place which is a naxalite affected, the petitioner has shown cowardice and has disobeyed the orders of the superior authority, even after sending of several notices.

(2.) THE facts, in brief, as projected by the petitioner are that earlier, vide order dated 04.06.2009, the petitioner was transferred from Bilaspur to Narayanpur. The petitioner preferred a representation on 09.06.2009 to the Director General of Police. In the meantime, during pendency of the said representation, the Superintendent of Police (for short 'the SP'), Bilaspur passed an order relieving the petitioner on 24.06.2009. Thereafter, on 04.06.2009, the petitioner was called upon by the SP, Bilaspur to explain asto why he did not join the transferred place of posting. Later on, by order dated 09.07.2009, the earlier transfer of the petitioner was cancelled and the petitioner was retained at Bilaspur. Thereafter, again vide order dated 07.11.2009, the petitioner was transferred from Bilaspur to Narayanpur, against which the petitioner made a representation on 11.11.2009. During pendency of the said representation, the petitioner was relieved on 07.04.2010.

(3.) ON the other hand, Shri Sao, learned counsel appearing for the State/respondents submits that the petitioner, instead of complying with the transfer order, has filed various representations in order to avoid his posting in any other district. The earlier representation of the petitioner was considered and he was retained at Bilaspur. Later on, he was again transferred to Narayanpur vide order dated 07.11.2009 which ought to have been complied with immediately. However, the petitioner has not joined the transferred place of posting till date taking shelter of the communication of the Inspector General of Police (Administration), dated 23.09.2010 (Annexure P/10).