Omprakash Tandan vs. State Of Chhattisgarh
Facts
The petitioner, Omprakash Tandan, an Assistant Grade-III, filed a writ petition challenging his transfer order dated November 6, 2025. He was transferred from the office of Assistant Commissioner, State Tax, Bilaspur Circle-3 to the office of Assistant Commercial, State Tax, Jashpur Circle. The petitioner contended that he holds a divisional-level post and therefore cannot be transferred out of the division. He had previously submitted a representation to Respondent No. 2 (Commissioner, State Tax) against the transfer order, raising the same grounds as in the writ petition. The petitioner sought directions for the authorities to consider his representation sympathetically and to retain his posting in Bilaspur.
Held
The Court, without entering into the merits of the case, disposed of the writ petition. It permitted the petitioner to submit a fresh representation to Respondent No. 1, raising all the grounds previously articulated in the writ petition. The Court directed Respondent No. 1 to consider and decide this representation in accordance with the law, expeditiously, preferably within six weeks from the date of receipt of the representation. The Court did not decide on the legality or otherwise of the transfer order itself, nor did it address the specific contention regarding cadre rules.
Key Issues
1. Whether the transfer of the petitioner, holding a divisional-level post, outside the division is illegal and contrary to cadre rules? Petitioner's Arguments: The petitioner argued that his transfer outside the division is illegal and violates cadre rules because he holds a divisional-level post. He relied on the grounds raised in his representation and sought a direction for the authorities to consider it sympathetically. Respondents' Arguments: The State counsel had no objection to a direction for considering the representation but submitted that Respondent No. 1 (Secretary, Department of Commercial Tax) would be the appropriate authority to consider a representation against a State-level transfer order. The petitioner then sought permission to submit a fresh representation to Respondent No. 1.
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2026:CGHC:4625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.
909
of 2026
• Omprakash Tandan S/o Rohan Prasad Tandan Aged About 42 Years Occupation - Assistant Grade-III, R/o House No. 34, Ward No. 12, Village Lakhuwadih, Post - Baoli, Distt. - Mungeli Chhattisgarh
... Petitioner versus
State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax, Mantralay, Mahanadi Bhawan, New Raipur, Tahsil And District - Raipur Chhattisgarh
Commissioner State Tax Department, O/o Commissioner, State Tax, Cbd Building, Tower A, Sector 21, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh
Joint Commissioner State Tax, Bilaspur Division, O/o Joint Commissioner Of State Tax, Bilaspur Division, Commercial Tax, - Gst Bhawan, Yadunandan Nagar, Bazaar Chowk Tifra, Bilaspur, Distt. - Bilaspur Chhattisgarh
Asst. Commissioner Of State Tax Gpm Circle, Gst Bhawan, Bazaar Chowk, Yadunandan Nagar, Tifra, Bilaspur Distt. Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Anchal Kumar Matre, Advocate For Respondent-State : Ms. Akanksha Verma, Panel Lawyer
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