Chattisgarh High Court
Pokhan Lal Chandrakar vs Union Of India on 7 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7397 of 2022
• Pokhan Lal Chandrakar S/o Late Shri Bhushan Lal Chandrakar, Aged About 44
Years Post -Hc/r.O. (Radio-Operator) Hc/ro 035061174 Posted At 211 Battalion, At
Village Thanod, Abhanpur, District Raipur Chhattisgarh. R/o Village Belsonda, Tahsil
And P.S. Mahasamund, District : Mahasamund, Chhattisgarh ---- Petitioner
Versus
1. Union Of India Through Secretary, Ministry Of Home Affairs, North Block, New Delhi
-110001.
2. Director General Of Police, Central Reserve Police Force, Hq-Directorate At Block-
No. 01, Lodhi Road, New Delhi-110003.
3. Deputy Inspector General Of Police, Range Crpf, Signal Range, Hq Crpf, Salt Lake,
Kolkatta (W.B.)
4. Commandant-2nd Signal -Battalion, Central Reserve Police Force, (C.R.P.F.)
Keshogiri, At Hyderabad Hyderabad (Telangana) 500005.
5. Commandant -211 Battalion, Central Reserve Police Force, (C.R.P.F.) Hq, At
Village Thanod, Abhanpur, (Adjutant) District Raipur Chhattisgarh 500005.
---- Respondents
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For Petitioner : Shri JA Lohani, Advocate For Respondents ; Shri Tushar Dhar Diwan, Advocate
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Hon'ble Shri Justice Parth Prateem Sahu Order on Board 07.11.2022
1. Challenge in this petition is to movement order/impugned order dated 08.10.2022, issued by respondent-5, whereby petitioner was given movement order from HQ/211 Batallion at Village-Thonad, Abhanpur, district-Raipur to HQ/2 signal Battalion for Government duty/ enquiry at Hyderbad.
2. Learned counsel for the petitioner would submit that, parents of petitioner died earlier and liability to take care of his younger brother, who is suffering from 80% permanent disability since his birth, is upon the petitioner, and therefore, petitioner while posted out of Chhattisgarh State has submitted an application before the Competent Authority for his posting within the state of Chhattisgarh which was considered and thereafter, he was ordered to join in the office of HQ/211 Battalion at Abhanpur on 18.05.2018 and since then petitioner is working there. He Wps 7397 of 2022 2 contended that respondents, overlooking the ground for which petitioner has been given SCP (Summer Change Posting), at Abhanpur, arbitrarily issued order of movement. Petitioner realizing the fact that petitioner is in uniform service, has submitted representation through proper channel immediately, for considering his ground and to keep him in SCP and to be posted at Abhanpur. He also contended that HQ/211 Battalion, Abhanpur also forwarded letter seeking concurrence to HQ/2 Signal Battalion at Hyderbad for extending period of SCP of the petitioner, which is still pending consideration.
3. Learned Counsel for respondent would submit that petitioner is working at HQ/211 Batallion at Abhanpur since 2018 under SCP. Petitioner thereafter, has been issued movement order which cannot be said to be arbitrary act of the respondent. He further submits that as the petitioner has expedited in the writ petition, his representation will be considered and decided by the Competent Authority expeditiously.
4. I have heard learned counsel for the parties.
5. Taking into consideration of the facts and circumstances of the case, submissions of learned counsel for the parties as also considering the fact that petitioner has already submitted representation through proper channel on 18.10.2022 before respondent-4, I find it appropriate to dispose of this writ petition directing respondent-4 to consider and decide representation submitted by the petitioner sympathetically, in an objective manner at the earliest, preferably within four weeks from the date of receipt of copy of order passed by this court.
6. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE padma