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. 1He 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. 2The petitioner had submitted a representation dated 30 September 2026.
Source reference: para. 3The 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, 6Issues
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. 5–6Whether the petitioner’s representation should be decided by the authorities, and if so, in what manner and within what timeframe.
Source reference: para. 7Law 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. 5The 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. 7Reasoning
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. 6It 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. 7Holding
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. 7–8Original Court PDF
RAMRATAN PRASHAD DUBEYvsSTATE OF CHHATTISGARH
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