Mahendra Pratap Singh Tiwari vs. State Of Chhattisgarh
Facts
The petitioner, Mahendra Pratap Singh Tiwari, a Deputy Commissioner of State Tax, challenged an order dated 30.09.2022 transferring him from Bilaspur to Jagdalpur. He complied with the transfer order and subsequently submitted representations to the State Government's Transfer Policy Committee. The Committee reportedly allowed his representation, but his case was not considered by the concerned authorities. The petitioner filed multiple further representations which remained undecided. He sought a direction for the respondents to consider and decide his pending representations. The State counsel did not object to the limited prayer made by the petitioner.
Held
The Court disposed of the writ petition by directing the concerned respondents-authorities to consider and decide the pending representations of the petitioner, specifically those dated 27.02.2023, 31.05.2023, and 11.08.2023. This decision was to be made in light of the recommendation order dated 24.02.2023 passed by the Committee constituted under the Transfer Policy, and in accordance with other relevant rules and law. The Court emphasized that the decision should be taken expeditiously, preferably within an outer limit of one month from the date of receipt of the order. The Court acknowledged the limited prayer made by the petitioner and the lack of opposition from the State counsel.
Key Issues
1. Whether the concerned respondents-authorities are obligated to consider and decide the pending representations of the petitioner, dated 27.02.2023, 31.05.2023, and 11.08.2023, in light of the recommendation order dated 24.02.2023 passed by the Committee constituted under the Transfer Policy, and other relevant rules and law? Petitioner's Contention: The petitioner argued that despite the Transfer Policy Committee allowing his representation, his case has not been considered by the respondent-authorities. He further contended that his subsequent representations have also not been decided, necessitating judicial intervention. Revenue/State's Contention: The State counsel submitted that as the petitioner was not pressing the writ petition on merits, they had no objection to the limited prayer made by the petitioner for consideration of his pending representations.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6181 of 2023 Mahendra Pratap Singh Tiwari S/o Late Shivraj Singh Tiwari, Aged About 46 Years Presently Posted As Deputy Commissioner of State Tax, Jagdalpur, R/o Village Ghughara, P.S. Katgori, District Koriya Chhattisgarh. ---- Petitioner Versus
State of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.
Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarah.
Secretary, Commercial Tax-Gst Department, Mantralaya Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh.
Commissioner, State Tax, GST Bhawan, North Block, Sector -19, Atal Nagar, Nava Raipur District Raipur Chhattisgarh. ---- Respondents
For Petitioner : Mr. Vivek Verma, Advocate. For Respondent-State : Mr. Shubham Verma, PL. Hon'ble Shri Justice Arvind Singh Chandel Order on Board 08/09/2023. 1. Challenge in this writ petition is to order dated 30.09.2022 (Annexure P-2), whereby petitioner, who is working as ‘Deputy Commissioner, State Tax’ and posted
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