ORDER :

1. The petitioner who is substantially holding the post of Chief Executive Officer Janpad Panchayat, Surajpur has been directed to perform duties as Chief Executive Officer, Janpad Panchayat, Manendragarh District Koriya and in his place, the respondent No. 5, who was holding the substantive post of Dy. Collector has been posted as Chief Executive Officer, Janpad Panchayat, Surajpur till the next date of hearing vide its order dated 22.04.2022, thereafter, the Respondent No. 1 has issued order dated 28.04.2022, by which one R.D. Sahu, Chief Executive Officer Baikunthpur has been posted as Chief Executive Officer, Janpand Panchyat Manendragarh District Koriya. Subsequently, Respondent No. 4 Collector Surajpur, District Surajapur has issued order dated 11.05.2022 by which the respondent No. 5 has been directed to be posted as Chief Executive Officer Janpad Panchayat Surajpur. The petitioner has challenged the legality and propriety of the orders dated 11.05.2022, 22.04.2022 and 28.04.2022 before this Court.

2. The brief facts as reflected from the records are that the petitioner who was working as Chief Executive Officer Janpad Panchayat Sonhat, District Koriya has been transferred as Chief Executive Officer, Janpad Panchayat Surajpur. In pursuance of the transfer order, he joined the duties on his transferred post. Thereafter, the respondent No. 3 Commissioner Ambikapur has directed the petitioner to work as Chief Executive Officer Janpad Panchayat Manendragarh District Koriya vide order dated 22.04.2022 (Annexure P/2). Thereafter, Collector Surajpur vide its order dated 11.05.2022 has posted respondent No. 5 as Chief Executive Officer Janpad Panchayat Surajpur and vide order dated 28.04.2022, one R.D. Sahu has been posted as Chief Executive Officer, Janpad Panchayat Manendragarh as such there was no place of posting for the petitioner.

3. The petitioner has moved an application on 11.05.2022 for cancellation of attachment order before the Commissioner, Surguja and on 12.05.2022 before the Collector, Surajpur, but no action has been taken on his representation, therefore, he has filed the present writ petition and prayed for following reliefs which are as under:-

(i) To kindly quash the impugned transfer order dated 18.05.2022 and dated 22.04.2022 issued by the respondent No.3 and to also quash the subsequent order dated 11.05.2022 issued by respondent No. 4 without authority and jurisdiction whereby the respondent No. 5 had been posted in place of the petitioner.

(ii) To kindly issue writ to quo warranto thereby restraining the respondent No. 5 to work as Chief Executive Officer.

(iii) Any other order that may be deemed fit and just may also kindly be made including cost of the petition.

4. The State has filed their return contending that the Vice President of Surguja Area Tribal Development Authority has recommended the case of the petitioner for posting at Janpad Panchayat, Manendragarh on 24.03.2022 (Annexure R/1) and in pursuance of the recommendation made by the Vice President of Surguja Area Tribal Development Authority, the Commissioner has sought opinion from the Collector Surajpur regarding posting of the petitioner at Janpad Panchayat Manendragarh vide its memo dated 31.03.2022. In pursuance of the opinion given by the Collector, the Commissioner has passed the impugned order on 22.04.2022, the petitioner was relieved and he has given the charge on 11.05.2022 vide Annexure R/4 to respondent No. 5. It has also been contended that the State Government has posted so many Dy. Collectors who are on probation on the various Janpad Panchat as CEO, thus, it cannot be said that respondent No.5 was not competent to hold the post of Chief Executive Officer, therefore, the petition deserves to be dismissed.

5. The respondent No. 5 has also filed the return reiterating the stand taken by the State and further submitted that the writ of quo warranto cannot be issued unless it is specifically pleaded and substantially proved that