Chattisgarh High Court
Santosh Kumar Gupta vs State Of Chhattisgarh on 26 July, 2022
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Page No.1
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 5059 of 2022
1. Santosh Kumar Gupta, S/o Late Baijnath Gupta, Aged About 56 Years,
Presently Posted As Constable Excise, At Office of Deputy
Commissioner Excise District Raipur Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Its Principal Secretary, Department of
Commercial Tax (Excise), Ministry, Mahanadi Bhawan, Capital
Complex, Atal Nagar, Ps And Po Rakhi, District Raipur Chhattisgarh
2. Under Secretary Department of Commercial Tax (Excise), Ministry,
Mahanadi Bhawan Capital Complex, Atal Nagar, PS and PO Rakhi,
District Raipur Chhattisgarh
3. Commissioner (Excise) GST Bhawan, Nawa Raipur, Atal Nagar,
District Raipur Chhattisgarh
4. Deputy Commissioner (Excise) District Raipur Chhattisgarh
---- Respondents
__________________________________________________________
For Petitioner : Mr. Harsamander Rastogi, Advocates.
For Respondents/State : Mrs. Sunita Jain, Govt. Advocate.
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Hon'ble Shri Justice Narendra Kumar Vyas Order On Board (26.07.2022)
1. The petitioner has preferred the instant writ petition being aggrieved with the order dated 28.06.2022(Annexure-P/1) passed by the respondent No.2 whereby he has been transferred from office of Deputy Commissioner Excise District-Raipur to office of Assistant Commissioner Excise District-Rajnandgaon
2. Learned counsel for the petitioner would submit that the petitioner has some personal difficulties. He is suffering from Kidney disease and he has to undergo dialysis for three days in a week. He has also suffered heart attack and he also having a medical history of paralysis. Lastly Page No.2 he would submit that he may be given liberty to make a representation before the respondents authority and same shall be considered and decided by the respondents authorities within four weeks. He would further submitted that I considering the personal difficulties the Deputy Commissionor Excise, Raipur has also forwarded to cancel the transfer on 5.7.2022.
3. It is well settled principle of law that the personal difficulties and personal disablement should be considered by the government while considering the transfer of its employee. Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Other Vs. Union of India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022] has observed in para 53, which reproduced as below:-
"53 In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence, while we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such an exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected. The appeals shall be disposed of in the above terms."
4. In view of the above stated position and considering the facts and circumstances of the case, considering the medical disabilities, I am inclined to staying the transfer order and giving liberty to the petitioner to make representation before the concerned authorities within four weeks from the date of receipt of copy of this order and respondent authorities shall consider the same within four weeks from the date of receipt of representation. Respondent authorities are directed to consider the case of the petitioner as per law laid down by the Hon'ble Page No.3 Supreme Court in the matter of SK Naushad Rahaman & Others (Supra).
5. With the aforesaid observations & directions, the instant writ petition(s) stands disposed off. It is directed that till the representation is decided by the respondent authorities within the stipulated period given in foregoing para, the transfer order shall remain stayed.
Sd/-
(Narendra Kumar Vyas) Judge Nisha