RAM KUMAR RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE grievance of the petitioner in this petition is that the petitioner has been transferred on 10. 10. 2008 (Annexure P/1) from Janpad Panchayat Pathariya, District bilaspur to Janpad Panchayat Fingeshwar (Rajim), District raipur. The petitioner was relieved on 8. 10. 208 pursuant to the order dated 27. 6. 2008 to join at Janpad Panchayat pathariya. The order is vitiated on account of the fact that immediately after joining the office at Pathariya on 10. 10. 2008, the petitioner was transferred. Learned counsel submits that the petitioner wanted to join the new place of posting pursuant to the order dated 27. 6. 2008, however, on account of the fact that the petitioner was not relieved in time, the petitioner could not join. Not joining at the new place of posting is not the fault of the petitioner but this situation was created by the government authorities.

(2.) SHRI Singh, learned counsel appearing for the respondent No. 3 submits that the respondent No. 3 was posted at Pathariya on the basis of order dated 01. 09. 2008 (Annexure R/3-1) as one Shri T. P. Patel, Sub engineer/assistant Engineer was looking after the work at pathariya in addition to his own work. Therefore, the government thought it proper to post an officer on the vacant post at Pathariya before relieving the petitioner.

(3.) SMT. Ghai, learned Panel Advocate appearing for the state/respondents 1 and 2 adopts the arguments advanced by learned counsel for the respondent No. 3. In addition, she submits that the petitioner could not be relieved on account of certain problems. After having come to know that the respondent No. 3 has already been posted at pathariya, a new order was passed posting the petitioner at Fingeshwar (Rajim) District Raipur. Smt. Ghai further submits that there is no mala fide or ill will against the petitioner. The order is passed strictly in public interest keeping in view administrative exigency. She further submits that though the order was passed on 01. 09. 2008, but the respondent No. 3 joined on 13. 10. 2008 (Annexure R/3-3 ).