IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ALOK MISHRA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/3137/2020
2026:CGHC:948 Digitally signed SAIFAN NAFR by KHAN SAIFAN KHAN HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3137 of 2020 Alok Mishra S/o Late Shri Harishankar Mishra Aged About 53 Years Presently Working As And Posted At Male Supervisor, Community Health Centre, Abhanpur, Tehsil Abhanpur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Nava Raiipur, District Raipur Chhattisgarh. Pin Code 492002., District :
Raipur, Chhattisgarh
2 - Under Secretary Department Of Health And Family Welfare Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. Pin Code 492002., District : Raipur, Chhattisgarh
3 - Director Directorate Of Health Services, Indravati Bhawan, Nava Raipur, Raipur, District Raipur Chhatisgarh Pin Code 492002., District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)]
------------------------------------------------------------------------------------------------
For Petitioner : Mr. Animesh Pathak, Advocate For Respondents : Mr. HAPS Bhatia, Panel Lawyer ------------------------------------------------------------------------------------------------
Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board)
07.01.2026
1. Heard.
2. In this matter, this Court in the first round of litigation directed the petitioner to question his transfer order dated
23.08.2019 by filing representation before the concerned respondent authority. However, when the petitioner preferred the said representation, the same stood rejected by the respondent by passing a non-speaking order dt. 09.07.2020 and, against which, this writ petition (second round) has been filed.
3. Learned counsel for the petitioner submits that the impugned order is bad, illegal, arbitrary and without authority of law. Hence, the same is liable to be set aside.
4. On the other hand, learned counsel for the respondent supported the impugned order and prays for dismissal of this petition.
5. I have heard learned counsel for the parties, considered their rival submissions made herein above and went through the record with utmost circumspection.
6. In the present case, a careful perusal of the record would show that since this Court passed interim order dated 07.08.2020 and stayed the transfer order dt. 23.08.2019, which is still operating after lapse of more than 05 years and impugned order dated 09.07.2020 is a non-speaking order, therefore, the impugned order dated 09.07.2020 (Annexure-P/01) as well as impugned transfer order dated 23.08.2019 (Annexure-P/04), both are hereby quashed. However, the respondents are at liberty to pass fresh transfer order against the petitioner, if there exists any administrative exigency.
7. With aforesaid observation, the writ petition stands finally disposed of. No cost.
s@if Sd/-
(Sanjay K. Agrawal)
Judge
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.