2024:CGHC:42317-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 688 of 2024

1 - Chief Election Officer Dks Bhawan, Old Matralaya Premises, Shastri Chowk, Raipur Distt. Raipur, Chhattisgarh

2 - State Of Chhattisgarh Through The Secretary, Department Of Law And Legislative (Election) Affairs, Mahanadi Bhavan, Mantralaya, Police Station And Post Rakhi, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

3 - Dy. Director (Finance) Office Of Chief Election Officer, Chhattisgarh, Raipur Chhattisgarh.

4 - Collector (General Election Branch), District Kabirdham Chhattisgarh. ... Appellants versus Sanjay Kumar Dongre S/o Shri Lalji Dongre Aged About 45 Years Occupation Data Entry Operator, District Office, General Election Branch, District Kabirdham Chhattisgarh. R/o Village Dhangaon, Post Kumarda, Tahsil Chhuria, Police Station Dongargaon, District Rajnandgaon Chhattisgarh.

... Respondent For Appellants : Mr. Sangharsh Pandey, G.A.

For Respondent : Mr. Rakesh Kumar Jha, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

25.10.2024

1. Heard, Mr. Sangharsh Pandey, learned Government Advocate for appellants / State. Also heard Mr. Rakesh Kumar Jha, learned counsel for respondent on I.A. No.02/2024 i.e. an application for condonation of delay of 38 days in filing the instant appeal.

2. For the reasons mentioned in the application I.A. No.02/2024 i.e.

application for condonation of delay, the same is allowed and delay is condoned. With the consent of learned counsel for the respondents, the appeal is heard finally.

3. This writ appeal is presented assailing the order dated

25.06.2024, passed by the learned Single Judge in WPS No. 7879/2019 (Sanjay Kumar Dongre vs. State of Chhattisgarh and others), whereby, the writ petition filed by respondent herein was allowed by the learned Single Judge.

4. Brief facts of the case are that the writ petitioner was posted as a Data Entry Operator in the General Election Branch, District Kabirdham, and on the ground of his wife being posted at the office of Sub-Divisional Officer (R), Rajnandgaon submitted an application dated 25/10/2017 before the appellant to transfer him to the office of General Election Branch, Rajnandgaon but the same was rejected vide order dated 22/12/2017 informing the petitioner that the post on which he's working a district cadre post and inter-district transfer is not permissible. The petitioner challenged the rejection order before the learned Single Judge contending that the circular dated 10/08/1994 issued by the erstwhile state of MP which provides for husband and wife to be posted at one place has not been considered, and the writ petitioner deliberately suppressed the transfer policy dated 27/06/2019 in which clause 1.10 clearly provides that the husband and wife do not have a right to be posted at one place and if such request is made then it could only be decided sympathetically, further the writ petitioner also suppressed one of the vital facts that during the pendency of the petition, the appellant had already in pursuance of the clause 1.10 of the transfer policy, only in order to accommodate the writ petitioner on sympathetic grounds vide order dated 14/12/2021 with his mutual consent attached him in the office of the Collector & District Election Officer, Durg so that he could be posted to a place nearby to the place of his wife's posting, hence this appeal.

5. Learned counsel for the appellants / State submits that the impugned order passed by the learned Single Judge suffers from perversity, hence it is liable to be set aside. The learned Single Judge has passed the order without providing an opportunity of hearing to the appellants further, the order placing relevance on the circular dated 10.08.1994 issued by the erstwhile state of MP which on the date of the case being finally decided had become void-ab-initio as the new transfer policy dated 27/06/2019 had already been issued b