WPS/5622/2012 of Sanjay Mishra Vs State Of Chhattisgarh and Ors on 27 December 2012

IN THE HIGH COURT OF CHHATTISGARH ATBILASPUR

-S"^°?W.P.fS) N0.X /2012

PETITIONER

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VERSUS

Sanjay Mishra S/o Late Shri O.N.Mishra,Agedabout45years,Mishra,Agedabout45years,occupation-CompanyCommander,homeGuard,Dantewara,Distt.Dantewara(C.G.)R/o27kholi,VikashNagar,BilaspurDistt:Bilaspur(C.G)-P-S.C^i] Uv^homeGuard,Dantewara,Distt.Dantewara(C.G.)R/o27kholi,VikashNagar,BilaspurDistt:Bilaspur(C.G)-P-S.C^i] Uv^

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RESPONDENTS

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:1. StateofChhattisgarhthroughSecretary, Department of home, PostofficeRaipur,Mantralaya,NewRaipur, Distt. Raipur (C.G.)Pincode 492001Secretary, Department of home, PostofficeRaipur,Mantralaya,NewRaipur, Distt. Raipur (C.G.)Pincode 492001

2. Director General

Home Guard and public protectionManacamp,PostofficeRaipur,Raipur, Distt. Raipur (C.G.)Pincode 492001Manacamp,PostofficeRaipur,Raipur, Distt. Raipur (C.G.)Pincode 492001

3. District CommandantHome Guard, Post office Dantewara,Distt. Dantewara (C.G.)•^Home Guard, Post office Dantewara,Distt. Dantewara (C.G.)•^Pincode 4^L(«-1U^_ >-

4. Divisional commandantHome Guard, Bastar division,Jagdalpur (C.G.)Pincode[<-('34001]Home Guard, Bastar division,Jagdalpur (C.G.)Pincode[<-('34001]

WRIT PETITION U/A 226/227 OF THECONSTITUTIONOF INDIA

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Rao

HIGH COURT OF CHHATTISGARH: BILASPURSINGLE BENCH: HON'BLE PRASHANT KUMAR IUISHRA, JW.P(S). 5622 of 2012

PETITIONER

Sanjay Mishra

Vs.

RESPONDENT:

State of Chhattisgarh & others

Present:

Mr. DeepakJain, Counselfor the Petitioner.

Mr. Arun Sao, Govt. Advocate, forthe Stateon advance copy.

ORAL ORDER(27.12.2012)Learnedcounselforthepetitionerseeksadirectiontotherespondents to execute the transfer order dated 31.07.2012 (Annexure P-1)whereby he has been transferred from Dantewara Tribal Area to SurajpurTribal Area.

Learned counsel for the petitioner would submit that the order dated31.07.2012is still in force as it has neither been withdrawn nor modified.However, the said order has not been executed and the petitioner has notbeen relieved for submitting joining at the transferred place of posting.Hewould submit that petitioner's representation for relieving him to join at thetransferred place of posting has not been decided. He would further submitthat the respondents/authorities are deliberately delaying the process ofrelieving the petitioner and he apprehends that someone else may beposted at the place where the petitioher has been transferred.

The Supreme Court,in Sreedam Cahdra Ghosh vs. State ofAssam & others reported in (1996) 10 SCC 567 has held that a directionfor enforcement of executive orders may be issued by the Court.

Accordingly, respondent No.2 is directed to ensure that the petitionerJoins the place of posting at Surajpur as directed by order dated 31.07.2012(Annexure P-1) forthwith, within a period of two weeks from the date ofreceipt of copy ofthis order.

In view of the above, the petition is allowed to the above extent.No—-—-- ---—-- --- -- --[[-]]order asto costs.

—-—-- ---—-- --- -- --[[-]]Sd/-PrashantKumarMishraJudge

C.c. today.