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Chattisgarh High Court

Satish Kumar Sharma vs State Of Chhattisgarh 26 Wps/6429/2018 ... on 28 September, 2018

Author: P. Sam Koshy

Bench: P. Sam Koshy

                                                 1
                                                                                     NAFR
                         HIGH COURT OF CHHATTISGARH, BILASPUR
                             WRIT PETITION (S) NO.6423 OF 2018
               Satish Kumar Sharma S/o Shri Laxmi Kant Sharma Aged About 61 Years
               R/o House No. 6, Vikas Vihar, Raipura, District Raipur.
                                                                          ...Petitioner(s)
                                               Versus
           1. State Of Chhattisgarh Through Secretary, Commercial Tax (Excise)
              Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh.
           2. Commissioner Of Excise, Chhattisgarh Abkari Bhawan, Chokranalah,
              Labhandi Raipur Chhattisgarh.
           3. Ramesh Tiwari S/o Shri R.P. Tiwari, Aged About 60 Years R/o Mahadev
              Ghat Road Maitri Nagar Raipur Chhattisgarh.
                                                                     ... Respondent(s)

For Petitioner : Shri Kshitiz Sharma, Advocate. For Respondent-State : Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28.09.2018

1. Challenge in this petition is to the order of transfer dated 14.09.2018 (Annexure P/1) whereby the petitioner has been transferred from Raipur to Gariyaband (CG).

2. The primary ground of challenge is that the petitioner has left only 10 months of service for retirement i.e. on 30.06.2019. The transfer policy applicable in the State is that in case if one year or less then one year is left for retirement, such an employee should not be transferred.

3. Given the aforesaid facts, let the petitioner makes a detailed representation to the authorities within a period of two weeks from today and in turn the authorities concerned shall within a further period of 90 days take a decision on the said representation of the petitioner. Till the representation of the petitioner is decided, the impugned order so far as petitioner is concerned, shall not be given effect to.

4. The writ petition accordingly stands disposed of. Sd/-

(P. Sam Koshy Judge inder