P. Sam Koshy, J
1. The challenge in the present writ petition is to the impugned order dated 23.08.2019 wherein the respondents have modified their earlier order dated
09.08.2019 whereby the petitioner was transferred from Ambikapur to Rudri, Dhamtari at his own request.
2. Counsel for the petitioner submits that the said order dated 09.08.2019 already had been executed inasmuch as the petitioner gave his joining at the
transferred place at Rudri, District Dhamtari on 13.08.2019 and the thereafter there could not have been any malafide or amendment or deletion of the
order to have been passed by the State Government. If, at all, if the State Government intended to transfer the petitioner, they could have passed a
fresh order of transfer rather than deleting the name of the petitioner from the order of transfer which already stood executed. Further contention of
the petitioner is that there is no reason also assigned by the State Government as to why the name of the petitioner stood deleted in the impugned
order dated 23.08.2019.
3. Considering the aforesaid facts and circumstances of the case, this Court is of the opinion that since the order dated 09.08.2019 was already
executed, there could not had been any order passed by deleting the name of the petitioner from the impugned order dated 09.08.2019.
4. State had all the powers with justified reasons to transfer the petitioner to a different place or to the same place from where he was earlier
transferred.
5. Given the said facts and circumstances of the case, this Court is of the opinion that impugned order so far as deleting the name of the petitioner
from the order dated 09.08.2019 which already stood executed on 13.08.2019 is totally uncalled for. The impugned order therefore is set
aside/quashed so far as petitioner is concerned.
6. Quashment of the impugned order (Annexure P-1) would not preclude the State Government from exercising their powers which are otherwise
vested with them on administrative exigency, in case if need arises in accordance with the policy of the State Government.
7. With the aforesaid observations, the writ petition stands disposed of.
