Akash Tripathi vs. State Of Chhattisgarh
Facts
The petitioner, Akash Tripathi, a State Tax Inspector, challenged an order of transfer dated June 27, 2025, which moved him from Nawa Raipur to Raigarh. He had already submitted a representation against this transfer order, which was pending before the Transfer Committee. The petitioner relied on Clause 8 of the Transfer Policy dated June 5, 2025, which outlines an in-house remedy for aggrieved employees to make representations to the Transfer Committee within 15 days of the transfer order, provided there is a violation of the policy. The Court noted the existence of this internal redressal mechanism.
Held
The Court held that an in-house remedy is available to the petitioner under Clause 8 of the Transfer Policy dated June 5, 2025. The Court found it appropriate to direct the petitioner to submit a fresh representation to the Transfer Committee within one week of receiving the order. The Transfer Committee was directed to consider this representation objectively, in accordance with the law and on its own merits, and pass a reasoned order within two weeks thereafter. Until a decision is taken, no coercive steps are to be taken against the petitioner. The Court did not decide on the merits of the transfer order itself, but rather on the procedural remedy available.
Key Issues
1. Whether the petitioner has an effective in-house remedy available against the transfer order under Clause 8 of the Transfer Policy dated June 5, 2025? (Question of law) Petitioner's Arguments: The petitioner argued that he had already filed a representation against the transfer order and that Clause 8 of the Transfer Policy provides for an in-house remedy. He contended that this remedy should be considered by the Transfer Committee. Respondents' Arguments: The respondents (State of Chhattisgarh and others) did not present any specific arguments regarding the petitioner's representation or the applicability of Clause 8. The judgment does not record any arguments from the respondents on these points.
Sections Cited
Clause 8 of the Transfer Policy dated 05.06.2025
AI-generated summary — verify with the full judgment below
2025:CGHC:36323
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7469 of 2025 Akash Tripathi S/o Shri S.N. Tripathi Aged About 39 Years Presently Working As State Tax Inspector, O/o The Commissioner, State Tax (Commercial/gst), North Block, Sector 19, Atal Nagar, Naya Raipur Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Commercial Tax Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh 2 - The Commissioner Commercial Tax (Gst), Commercial Tax Department, Gst Bhawan, North Block, Sector-19, Atal Nagar, Naya Raipur Chhattisgarh 3 - B.I.U. Raigarh Region Raigarh, Dist. Raigarh Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri N Naha Roy, Advocate For Respondents/State : Shri Anmol Sharma, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.07.2025 1
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