Rajendra Dave vs. State Of Chhattisgarh
Held
The Court held that the writ petition was an individual dispute. It also observed that several other petitions had already been filed by Constables challenging their transfers before the same High Court. Based on these observations, the Court concluded that there was nothing further for the Court to consider in this particular writ petition at this juncture. Therefore, the Court dismissed the writ petition. The reasoning appears to be that the Court did not wish to delve into the merits of an individual transfer dispute, especially when similar matters were already pending, and the petitioner's specific grounds were not elaborated upon with legal backing in the judgment.
Facts
The petitioner, Rajendra Dave, an officiating State President of the Chhattisgarh Pradesh Congress and an office bearer of a union, filed a writ petition challenging his transfer. The petitioner's counsel argued that the transfer was made because of his union activities. The respondents, the State of Chhattisgarh and its officials, did not present any arguments. The Court noted that similar petitions challenging transfers had already been filed by Constables before the High Court. The Court considered the matter as an individual dispute.
Key Issues
1. Whether the transfer of the petitioner, an office bearer of a union, is liable to be quashed on the grounds of it being an individual dispute and potentially motivated by union activities, as per the contentions of the petitioner? 2. Whether the Court should entertain this writ petition given that similar petitions by Constables challenging their transfers have already been filed before this Court, as observed by the Court? Petitioner's Contentions: The petitioner argued that his transfer was an individual dispute and was made due to his role as an office bearer of the union. The petitioner relied on the fact that it was an individual dispute. The petitioner did not cite any specific legal provisions or precedents. Revenue/State's Contentions: The respondents/State did not present any arguments.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4480 of 2022 • Rajendra Dave S/o Late R.C.Dave Aged About 65 Years Presently Posted As Officiating State President, Chhattisgarh Pradesh Congress Raipur, R/o R-2, Vinoba Nagar, Bilaspur District Bilaspur Chhattisgarh. ---- Petitioner Versus
State Of Chhattisgarh Through Its Principal Secretry, Department Of Commercial Tax (Excise), Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur, Chhattisgarh.
Under Secretary, Department Of Commercial Tax (Excise), Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur, Chhattisgarh.
Commissioner (Excise) Gst Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. ---- Respondents --------------------------------------------------------------------------------------------------------- For petitioner : Mr. Mateen Siddiqui and Mrs. Dixit Gouraha, Advocates. For Respondent/State : Mr. Subham Verma, PL Hon'ble Shri Justice Narendra Kumar Vyas. Order on Board (23-08-2022)
Petitioner has filed the instant writ petition assailing the transfer being an office bearer of the union. It is an individual disput
The judgment continues below.
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