Mahendra Pratap Tiwari vs. State Of Chhattisgarh
Held
The Court held that the petitioner should be permitted to make a detailed representation to the respondents concerning his transfer. The respondents were directed to decide this representation expeditiously, preferably within 30 days from the date of receipt of a certified copy of the order. The Court did not delve into the merits of the transfer order itself, focusing solely on the procedural aspect of allowing the petitioner to present his grievances. The ratio decidendi is that an employee should be given an opportunity to represent against a transfer order, and such representations should be considered promptly by the authorities.
Facts
The petitioner, Mahendra Pratap Tiwari, an Assistant Commissioner of State Tax, challenged an order dated August 23, 2019, transferring him from Bilaspur to Rajnandgaon. The petitioner sought permission to make a representation to the respondents regarding his objections and grievances concerning the transfer. The State did not oppose this request. The High Court disposed of the writ petition with liberty to the petitioner to submit a detailed representation.
Key Issues
1. Whether the petitioner should be permitted to make a representation to the respondents regarding his transfer order and have it decided expeditiously? The petitioner argued for the right to present his grievances and have them considered promptly. The respondents did not oppose this request, implying their willingness to consider a representation. The core issue revolves around the procedural fairness and the opportunity for an employee to voice concerns about a transfer order, particularly when the employer does not object to such a representation.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7033 of 2019 Mahendra Pratap Tiwari S/o Shiv Raj Singh Tiwari Aged About 48 Years Working As Assistant Commissioner State Tax, Circle-1, Bilaspur, District Bilaspur Office Of The State Tax Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner Versus
State Of Chhattisgarh Through Secretary, State Tax Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
The Commissioner State Tax, North Block, Sector-19, Commercial Tax, Gst Bhawan, Head Office, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
The Joint Commissioner State Tax, Division Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ----Respondents For Petitioner : Mr. Vivek Verma, Advocate For State : Ms. Ishwari Ghritlahare, P.L. Hon'ble Shri Justice P. Sam Koshy Order on Board 04/09/2019
The challenge in the present Writ Petition is to the order Annexure P/1 dated 23.08.2019 whereby the services of the petitioner has been transferred from the office of Assistant Commissioner, State Tax Circle-1, Bilaspur to the off
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