Dev Ashish Bargah vs. State Of Chhattisgarh
Held
The Court noted that the gradation list of AG-II is prepared division and circle-wise, and promotions are not made from one division to another, as per the note appended to Schedule-4 of Service Rule 1389s. Considering the petitioner's grievance, the documents, the limited prayer, and the State's lack of opposition, the writ petition was disposed of. The petitioner was permitted to submit a representation to the Committee constituted under the Transfer Policy, raising his grievances. The Committee was directed to consider and decide the representation expeditiously, preferably within four weeks from the date of receipt.
Facts
The petitioner, Dev Ashish Bargah, an AG-II posted in the State Tax Head Office, Atal Nagar, Nawa Raipur, challenged an order dated 14.11.2022 transferring him to the Joint Commissioner, State Commercial Tax, Division, Durg. The petitioner argued that the transfer was erroneous because the gradation list for AG-II is prepared division and circle-wise, and a transfer to another division would adversely affect his promotional prospects. He had already joined at the transferred location and sought permission to submit a representation to the Committee constituted under the Transfer Policy, requesting expeditious consideration. The State counsel had no objection to this limited prayer.
Key Issues
1. Whether the transfer of the petitioner, an AG-II, from one division to another is erroneous, considering that the gradation list is prepared division and circle-wise and promotions are not made from one division to another, as indicated in the note appended to Schedule-4 of Service Rule 1389s? Petitioner's contention: The transfer is erroneous as it will adversely affect his promotional prospects due to the division and circle-wise preparation of the gradation list and the policy of not promoting from one division to another. The petitioner seeks permission to submit a representation to the Transfer Policy Committee for consideration. Revenue/State's contention: The State counsel stated they have no objection to the limited prayer made by the petitioner, as the petitioner is not pressing the writ petition on merits.
Sections Cited
Service Rule 1389s
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1312 of 2023 Dev Ashish Bargah S/o Late L. N. Bargah Aged About 30 Years R/o Mig 43, Room No. 404, Sector 29, Atal Nagar Nawa Raipur, Chhattisgarh. ---- Petitioner Versus
State of Chhattisgarh Through Secretary, Department of Commercial Tax (GST), Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur, Chhattisgarh.
Joint Commissioner Commercial Tax (GST), Divisional Office, Durg, Malviya Nagar Chowk, Durg, Chhattisgarh. --- Respondents For Petitioner : Mr. N. Naha Roy, Advocate. For Respondent-State : Ms. Hamida Siddiqui, Dy. AG.
Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 15/02/2023
Challenge in this writ petition is to the impugned transferred order Annexure P-1 dated 14.11.2022, whereby petitioner, who is holding the post of AG-II and posted in the office of Commissioner, State Tax Head Office, Atal Nagar, Nawa Raipur is transferred to Joint Commissioner, State Commercial Tax, Division, Durg, Division Durg.
Learned counsel for petitioner submits that transfer of AG -II from one division to another division is erroneous.
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.