NARENDRA KUMAR VYAS
R. S. Sengar S/o Shri R. B. S. Sengar – Appellant
Versus
State of Chhattisgarh – Respondent
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 transfe
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The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
Transfers should be made based on genuine public interest and administrative exigencies, and not on extraneous considerations or recommendations of elected representatives.
Transfers should be based on public interest and administrative exigencies, and not on extraneous considerations or recommendations from unauthorized persons.
Point of Law : Employment and Service matter - Order of Transfer quashed - Since recommendations to transfer petitioner had been mooted by an extra constitutional authority, who has no role in the fu....
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