LAWS(CHH)-2005-12-10

N.D. ATULKAR Vs. STATE OF C.G

Decided On December 16, 2005
N.D. Atulkar Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) The Petitioner is presently working as Incharge Divisional Manager, Industrial Plantation Division, Bilaspur (C.G.). Earlier, the Petitioner was working in Panavaras Paroyojna Mandal, Rajnandgaon. The Managing Director, Chhattisgarh Rajya Van Vikas Nigam Ltd., Raipur (C.G.), the second Respondent herein, by his order dated 21-01-2004, had transferred the Petitioner from Rajnandgaon to Head Officer at Bilaspur. The Petitioner, vide order dated 29-10-2004 issued by the second Respondent, was given the charge of Deputy Manager, Bilaspur. Later, the second Respondent, vide his order dated 23-09-2005, transferred the Petitioner from Bilaspur to Kawardha Project Division, Kawardha. The Petitioner being aggrieved by the above order of the second Respondent has preferred this writ petition under Articles 226/227 of the Constitution of India.

(2.) I have heard learned Counsel for the parties.

(3.) Mr. P. Diwaker, learned Sr. Advocate, while assailing the validity of the impugned transfer order, urged the following grounds - (i) that the second Respondent transferred the Petitioner in breach of policy of the State Government completely banning the transfers; (ii) that the transfer order has resulted in prejudice and hardship to the Petitioner; and (iii) that the Petitioner has been subjected to frequent transfers, which is arbitrary and unreasonable.