Ram Vilas Netam vs. State Of Chhattisgarh
Held
The Court held that once a transfer order has been issued by the State Government, it is incumbent upon the controlling authority to comply with it. The Court relied on its previous decision in Ms. Manisha Agrawal Vs. State of Chhattisgarh and Others, which, in turn, was based on Supreme Court judgments. These precedents establish that a transfer order must be implemented unless it has been modified, varied, or cancelled by the State Government itself. Therefore, the Court directed the controlling authority to relieve the petitioner forthwith in compliance with the transfer order, provided the order had not been modified, amended, or cancelled by the State Government concerning the petitioner.
Facts
The petitioner, Ram Vilas Netam, a Constable posted at the Office of the District Excise Officer, Kondagaon, filed a writ petition challenging the inaction of the respondents. He was transferred from District Kondagaon to District Kanker by an order dated August 13, 2019. Despite the transfer order being issued by the State Government, the petitioner had not been relieved from his current post to join his new assignment. The petition sought a direction for the respondents to relieve him forthwith.
Key Issues
1. Whether the transfer order dated August 13, 2019, issued by the State Government, is liable to be complied with by the respondents? Petitioner's Contention: The petitioner argued that the transfer order, having been issued by the competent authority (State Government), must be implemented. He contended that his continued posting at the original place despite the transfer order amounted to a failure by the respondents to discharge their administrative duties. Respondents' Contention: The judgment does not record any specific arguments made by the respondents. However, the Court's decision implies that the respondents were expected to comply with the transfer order unless it was modified, varied, or cancelled by the State Government.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1220 of 2020 • Ram Vilas Netam S/o Shri Dalsai Netam Aged About 53 Years Presently Posted As Constable At Office Of Excise Officer, District Kondagaon , R/o Keshkal , Police Station And Tahsil Keshkal, District Kondagon Chhattisgarh ---- Petitioner Versus
State Of Chhattisgarh Through The Avar Secretary, Department Of Commercial Tax (Excise) Mantralaya , Mahanadi Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh
The Excise Commissioner Chhattisgarh, Commercial Tax (GST) Bhawan, North Block, Sector - 19, Nava Raipur , Atal Nagar, District Raipur Chhattisgarh
The Collector District Kondagaon Chhattisgarh
The District Excise Officer District Kondagaon Chhattisgarh ---- Respondents For Petitioner : Shri Roop Naik, Advocate For Respondents/State : Shri Neeraj Pradhan, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/02/20
20
The present petition has been filed for issuance of a direction to respondent- transferring authority to relieve the petitioner on the grievance that though the transfer order has been issued by the State Government whereby the petitioner has been transferred from the off
The judgment continues below.
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