Smt. Motin Banjare vs. State Of Chhattisgarh

Held

The Court did not decide the merits of the transfer policy or its application to the petitioner's case. Instead, it directed the petitioner to make a representation before the concerned authorities. The Court further instructed that the authorities shall examine and decide the representation in view of the transfer policy within four weeks from the date of its submission. No specific finding was given on whether the transfer policy was violated, nor was any relief granted beyond the direction to consider the representation. The issue of the husband's posting was noted but not adjudicated upon.

Facts

The petitioner, Smt. Motin Banjare, a Head Constable posted at the District Excise Officer, Mahasamund, challenged her transfer order dated June 28, 2022, to the Office of the Deputy Commissioner Excise, District Raipur. She contended that the transfer was not in accordance with the transfer policy. Specifically, she argued that 39 Head Constables were being transferred out of a total of 86 posted in the state, representing 45.34% of the workforce, which she claimed was impermissible. Furthermore, she stated that her husband was employed in Mahasamund, making the transfer to Raipur inconvenient.

Key Issues

1. Whether the transfer of the petitioner from Mahasamund to Raipur is in contravention of the prevailing transfer policy of the State of Chhattisgarh, particularly concerning the percentage of transfers within the Head Constable cadre? (Question of mixed law and fact, concerning the interpretation and application of the transfer policy). Petitioner's Arguments: - The transfer percentage of 45.34% among Head Constables is not permissible under the transfer policy. - The transfer is inconvenient as the petitioner's husband is working in Mahasamund. Respondents' Arguments: - The judgment does not record any specific arguments made by the respondents/State.