Munindra Prasad Pandey vs. State Of Chhattisgarh
Held
The Court, considering the nature of the order, granted the petitioner liberty to make a representation to Respondent No. 1 (State of Chhattisgarh through Secretary, Department of Excise). The Court directed that this representation should be decided in accordance with the State's policy. The Court did not delve into the merits of the malafide or ban period arguments. The petition was disposed of with this observation.
Facts
The petitioner, Munindra Prasad Pandey, an Accountant posted in the Office of the Assistant Commissioner, Excise, Bilaspur, challenged a transfer order dated 24.02.2020. This order transferred him from his current posting to the Office of the Deputy Commissioner, Excise Divisional Flying Squad, Bilaspur. The petitioner contended that the transfer was malafide and had been effected after the ban period stipulated in the transfer policy.
Key Issues
1. Whether the transfer order dated 24.02.2020 is malafide, as argued by the petitioner? 2. Whether the transfer order was effected after the ban period as per the transfer policy, as argued by the petitioner? Petitioner's Contentions: The petitioner argued that the transfer order was malafide and that it was issued in contravention of the transfer policy by being effected after the ban period. Revenue/State's Contentions: The judgment does not record any specific contentions made by the respondents (State of Chhattisgarh and its Excise department officials).
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1384 of 2020 • Munindra Prasad Pandey S/o Shri Brij Bihari Pandey Aged About 59 Years Occupation - Service, Presently Working As Accountant, Posted In The Office Of Assistant Commissioner, Excise, Bilaspur Chhattisgarh, R/o G-2/4, Ware House Road, Bilaspur Chhattisgarh. ---- Petitioner Versus
State Of Chhattisgarh Through Secretary, Department Of Excise, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, Raipur Chhattisgarh.
Commissioner (Excise) GST Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh.
Collector (Excise) Bilaspur, District- Bilaspur Chhattisgarh.
Assistant Commissioner Excise, Bilaspur, District - Bilaspur Chhattisgarh. ---- Respondents For Petitioner : Shri Rajeev Shrivastava, Advocate For Respondent/ State : Ms. Richa Shukla, Dy. G.A. Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/02/20
20
Heard.
The challenge is to the transfer order dated 24.02.2020 (Annexure P-1) wherein the petitioner has been transferred from Office of Assistant Commissioner, Excise, Bilaspur to Office of Deputy Commissioner, Excise Divisional Flying Squad, Bilaspur.
Learned counsel for t
The judgment continues below.
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