KAILASH RAM BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner herein questions the legality and validity of the impugned transfer order dated 27/07/2013 (Annexure P/1), by which, the petitioner has been transferred from the post of Assistant Chief Election Officer State Election Commission, Raipur (Chhattisgarh) to Deputy Collector, Bijapur (Chhattisgarh).

(2.) The petitioner is holding substantive post of Deputy Collector. The petitioner was working as a Deputy Collector, Durg by order dated 09/09/2011, he was transferred and posted as Assistant Chief Election Officer Raipur, Chhattisgarh against the post of Deputy Chief Election Officer. Thereafter, by order impugned, he was transferred as Deputy Collector, Bijapur. He made a representation to the State Government on 29/07/2013 against his order of transfer. His representation was considered and came to be rejected on 22/08/2013 holding that he has been transferred after discussion and consent of Chief Electoral Officer, Chhattisgarh.

(3.) The petitioner herein has filed this writ petition challenging the impugned transfer order on the ground that the order of transfer passed by the State Government is in violation of the provision contained in Section 28A of the Representation of the People Act, 1951 ('R.P. Act, 1951' for brevity), and therefore, he could not have been transferred without consent and approval of the State Election Commission, as such, the order of transfer being malafide, arbitrary, illegal and passed in contravention of Section 28A of the R.P. Act, 1951 deserves to be set aside.