AMIT KUMAR MISHRA vs STATE OF CHHATTISGARH

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CGHC010408522026 2026:CGHC:44581
SOURABH
BHILWAR
NAFR
Digitally signed by
SOURABH BHILWAR
Date: 2026.10.16
10:41:06 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 7550 of 2026
Amit Kumar Mishra S/o Ashok Mishra Aged About 41 Years Presently
Working As Incharge Sub Divisional Officer, Rural Engineering Services,
Sub Division, Sitapur, Distt. Surguja, Chhattisgarh.
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural
Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar,
Nawa Raipur, Distt. Raipur, Chhattisgarh.
2 - The Chief Executive Officer, Zila Panchayat, Ambikapur, Distt.
Surguja, Chhattisgarh.
3 - Anuranjan Kerketta, Posted As Sub Engineer, Janpad Panchayat
Kansabel, Distt. Jashpur, Chhattisgarh.
4 - Ajit Kumar Jaiswal, Sub Divisional Officer, Rural Engineering
Services, Sub Divisional Wadrafnagar, Distt. Balrampur Ramanujganj,
Chhattisgarh.
... Respondents
(Cause title is taken from Case Information System)
For Petitioner : Mr. Umesh Pandey, Advocate
For Respondents/ State : Mr. S. S. Baghel, Govt. Advocate

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
15/10/2026
1. By the present writ petition, the petitioner seeks quashment of the
impugned transfer order dated 01.10.2026 (Annexure P/1), insofar
as it relates to the petitioner, whereby he has been transferred
from Janpad Panchayat, Sitapur, District Surguja to Janpad
Panchayat, Bharatpur, District M.C.B.
2. Learned counsel appearing for the petitioner submits that the
petitioner is presently working as Sub-Engineer and holding the
charge of Sub-Divisional Officer, Rural Engineering Services, Sub-
Division Sitapur, District Surguja, and is aggrieved by the
impugned transfer order dated 01.10.2026, whereby he has been
transferred to Janpad Panchayat, Bharatpur, District
Manendragarh-Chirmiri-Bharatpur. He submits that both kidneys
of the petitioner were damaged, and his wife donated one of her
kidneys to him, following which a transplant surgery was
performed. He further submits that both the petitioner and his wife
require regular medical treatment and check-ups, and the
transferred place lacks adequate medical facilities. He would
contend that, in the event of transfer, the petitioner and his family
would suffer irreparable hardship. He would lastly submit that
though the petitioner has already submitted a representation
raising his aforesaid difficulties, however he submits that the
petitioner may be permitted to submit a fresh representation
before the competent Committee constituted under Clause 8 of

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the transfer policy of the State, and the petition may be disposed
of with a direction to the said Committee to consider and decide
the representation, in accordance with law and the transfer policy
of the State, within a stipulated period.
3. Learned State counsel fairly submits that if the petitioner submits
a fresh representation before the Committee constituted under
Clause 8 of the State Transfer Policy, the same shall be
considered and decided in accordance with law.
4. I have heard learned counsel for the parties and perused the
documents available on record.
5. Considering the nature of grievance raised by the petitioner
regarding his severe medical condition and the submission made
by learned State counsel, the petitioner is granted liberty to submit
a fresh representation before the competent Transfer Committee
constituted under Clause 8 of the State Transfer Policy within a
period of 10 days from today. If such representation is submitted
within the aforesaid period, the said Transfer Committee shall
consider and decide the same by passing a reasoned and
speaking order, strictly in accordance with law and the applicable
Transfer Policy, particularly keeping in view the severe medical
condition of the petitioner, preferably within a period of 30 days
from the date of submission of the representation.
6. Till the decision on the representation, to be submitted by the
petitioner, the effect and operation of the impugned transfer order
dated 01.10.2026 (Annexure P/1), insofar as it relates to the
petitioner, shall remain stayed.

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7. With the aforesaid direction and liberty, the present writ petition
stands disposed of .
Sd/-

(BIBHU DATTA GURU)
JUDGE
$. Bhilwar