CHAITU TANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner through the present writ petition assailed an order dated 06/10/2018 whereby the petitioner has been transferred from the CTJW, College, Kanker to 22 Battalion, Chhattisgarh Armed Forces, Kanker.

(2.) Learned counsel for the petitioner submits that the impugned order is violative to the Section 22 of the Chhattisgarh Police Act, 2007. Other contention of the petitioner is that since the petitioner is an expert and a trained officer in the naxal areas and therefore his services should be utilized by the authorities at the hardcore naxal areas which has not been properly considered by the authority. He submits that the petitioner has however, been transferred from the College at Kanker to Kanker. He further submits that under the Chhattisgarh Police Act, 2007 the authority who has issued the impugned order, is not the competent authority to transfer. It should have been by the Police Establishment Board as envisaged under Section 22 of the Chhattisgarh Police Act, 2007.

(3.) The State counsel opposing the provision, however, submits that it is not a case where the petitioner has been victimized or an order has been passed with malafide intention but the impugned order shows that it is under administrative exigency that the same has been passed in respect of a large number of candidates which is reflected from the impugned order (Annexure P/1) dated 06/10/2018.