R.S. SENGAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner who is substantially holding the post of Chief Executive Officer Janpad Panchayat, Surajpur has been directed to perform duties as Chief Executive Officer, Janpad Panchayat, Manendragarh District Koriya and in his place, the respondent No. 5, who was holding the substantive post of Dy. Collector has been posted as Chief Executive Officer, Janpad Panchayat, Surajpur till the next date of hearing vide its order dtd. 22/4/2022, thereafter, the Respondent No. 1 has issued order dtd. 28/4/2022, by which one R.D. Sahu, Chief Executive Officer Baikunthpur has been posted as Chief Executive Officer, Janpand Panchyat Manendragarh District Koriya. Subsequently, Respondent No. 4 Collector Surajpur, District Surajapur has issued order dtd. 11/5/2022 by which the respondent No. 5 has been directed to be posted as Chief Executive Officer Janpad Panchayat Surajpur. The petitioner has challenged the legality and propriety of the orders dtd. 11/5/2022, 22/4/2022 and 28/4/2022 before this Court.

(2.) The brief facts as reflected from the records are that the petitioner who was working as Chief Executive Officer Janpad Panchayat Sonhat, District Koriya has been transferred as Chief Executive Officer, Janpad Panchayat Surajpur. In pursuance of the transfer order, he joined the duties on his transferred post. Thereafter, the respondent No. 3 Commissioner Ambikapur has directed the petitioner to work as Chief Executive Officer Janpad Panchayat Manendragarh District Koriya vide order dtd. 22/4/2022 (Annexure P/2). Thereafter, Collector Surajpur vide its order dtd. 11/5/2022 has posted respondent No. 5 as Chief Executive Officer Janpad Panchayat Surajpur and vide order dtd. 28/4/2022, one R.D. Sahu has been posted as Chief Executive Officer, Janpad Panchayat Manendragarh as such there was no place of posting for the petitioner.

(3.) The petitioner has moved an application on 11/5/2022 for cancellation of attachment order before the Commissioner, Surguja and on 12/5/2022 before the Collector, Surajpur, but no action has been taken on his representation, therefore, he has filed the present writ petition and prayed for following reliefs which are as under:-