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Ghanshyam Pendre Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 5705 Of 2019

Date of Decision: Aug. 5, 2019

Hon'ble Judges: P. Sam Koshy, J

Bench: Single Bench

Advocate: Somkant Verma, Abhyunnati Singh

Final Decision: Disposed Of

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Judgement

P. Sam Koshy, J

1. The challenge in the present writ petition is to the order of transfer dated 12.07.2019 passed by the respondents transferring the petitioner from

Govt. Middle School Bhejapadar, Block Bakawand to Govt. Middle School Kakalgur, Block Darbha, District Bastar.

2. The challenge in the transfer order is on the ground that the impugned order reflects transfer of the petitioner to have been made at the request of

the petitioner.

3. According to counsel for the petitioner, the petitioner has never moved any application nor has requested any order of transfer, yet the authorities

have shown the order of transfer to have been on its own cost.

4. Given the limited grievance that the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of

the facts that whether the petitioner has made a request for transfer, the impugned order so far as the petitioner is concerned, shall not be given effect

to. However, in case on verification if it is found that the petitioner has infact made a request, then the impugned order would not stand interfered and

the respondents would be at liberty to relieve the petitioner from the present place of posting. Meanwhile, till the verification is done, the effect and

operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

5. The present Writ Petition, accordingly stands disposed off.