Ramlal Bhagat vs. State Of Chhattisgarh

Held

The Court disposed of the petition by granting the petitioner liberty to file a representation before Respondent No. 1 within 7 days. Respondent No. 1 is directed to consider the representation and make a decision at the earliest, preferably within 21 days from the date of receipt of the order and representation. Furthermore, the implementation of the transfer order is stayed until the representation is filed and decided within the stipulated time frame. The Court did not make a definitive finding on whether the transfer order violated the policy, deferring the decision pending the representation's consideration.

Facts

The petitioner, Ramlal Bhagat, an Excise Officer aged 61, was transferred from Jashpur to Kabirdham by an order dated June 22, 2022. He contends that this transfer is contrary to the State Government's transfer policy, and given his age and nearing retirement, he should have been accommodated at his preferred location. The State counsel suggested that the petitioner could file a representation, which would then be considered by the respondents. The Court heard arguments from both sides regarding this transfer.

Key Issues

1. Whether the transfer order dated June 22, 2022, issued by the respondents, is in contravention of the State Government's transfer policy, considering the petitioner's age and position in his career? Petitioner's argument: The petitioner argued that the transfer is against the transfer policy of the State Government. He emphasized his age of 61 years, stating that at the end of his career, he should have been given an adjustment at a place of his choice. Revenue/State's argument: The State counsel opposed the petitioner's submissions and suggested that the petitioner could file a representation, which would be considered by the respondents.