Chhattisgarh High Court
Administrative and Public LawEmployment and Labour Law

Authorities must decide transfer-policy representations objectively and by a reasoned order within the prescribed period.

RAMRATAN PRASHAD DUBEY vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 09, 20262 MIN READSOURCE JUDGMENT
Authorities must decide transfer-policy representations objectively and by a reasoned order within the prescribed period.. RAMRATAN PRASHAD DUBEY vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a Deputy Collector posted at Balodabazar-Bhatapara, challenged the State’s order dated 29 September 2026 transferring him to Bastar.

Source reference: para. 1

He alleged that the transfer failed to account for his prior service in Scheduled and difficult areas, his age and ex-serviceman status, and his wife’s ongoing medical needs; he also asserted non-compliance with the applicable transfer policy.

Source reference: para. 2

The petitioner had submitted a representation dated 30 September 2026.

Source reference: para. 3

The State opposed the petition, relying on administrative exigency and submitting that the representation should be considered under the policy’s grievance mechanism.

Source reference: paras. 3, 6
02

Issues

Whether the transfer order warranted judicial intervention when the petitioner’s grievance had been submitted for consideration under the transfer policy’s internal mechanism.

Source reference: paras. 5–6

Whether the petitioner’s representation should be decided by the authorities, and if so, in what manner and within what timeframe.

Source reference: para. 7
03

Law Applied

Clause 8 of the Transfer Policy dated 5 June 2025 provides an internal mechanism for employees aggrieved by a transfer: a representation, accompanied by the transfer order and clear grounds alleging violation of the policy, may be placed before the designated committee within 15 days of the transfer order; after examining the matter in light of the policy, the committee forwards its recommendation to the concerned department.

Source reference: para. 5

The Court also directed that the representation be decided objectively, by a reasoned order, within the period prescribed by Clause 8 and in accordance with law.

Source reference: para. 7
04

Reasoning

Because the petitioner had already made a representation under Clause 8, and the policy provided a mechanism for the authorities to examine transfer-related grievances, the Court declined to adjudicate the transfer challenge at that stage.

Source reference: para. 6

It did not determine whether the transfer violated the policy or whether the petitioner’s personal and medical circumstances justified a different posting; instead, it required the authorities to consider the representation objectively and give reasons.

Source reference: para. 7
05

Holding

The Court disposed of the writ petition without setting aside the transfer order.

It directed the respondent authorities to decide the petitioner’s representation objectively, by a reasoned order, within the timeframe prescribed under Clause 8 of the Transfer Policy and in accordance with law.

Source reference: paras. 7–8
Chhattisgarh High Court

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RAMRATAN PRASHAD DUBEYvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 09, 2026

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