01Facts
The petitioner, an Assistant Grade-III appointed in 2022, challenged the Divisional Forest Officer’s order dated 21 October 2026 attaching him to the Timber Depot, Pithora.
¶ 1He contended that the order contravened the State Government’s circular dated 4 June 2001, which prohibited attachment of Government employees, and had been made without notice.
¶ 1The State submitted that the attachment was made in response to complaints and for administrative efficiency.
¶ 1–3The petitioner sought quashing of the attachment order.
¶ 102Issues
i.Whether the order attaching the petitioner’s services could stand in light of the State Government’s circular dated 4 June 2001 prohibiting such attachments.
¶ 5–6ii.Whether alleged misconduct or administrative exigency justified the attachment, rather than action by another means permitted by law.
¶ 503Law Applied
The State Government’s circular dated 4 June 2001 imposed a complete ban on attachment of Government employees; an attachment order contrary to that instruction cannot be sustained.
¶ 5–6Where an employee’s movement is considered necessary because of alleged misconduct, the authorities may instead order a transfer or take other action permitted by law and applicable State policy.
¶ 5–604Reasoning
The Court found that, despite the asserted concerns about negligence and administrative exigency, the impugned order was in substance an order of attachment.
¶ 5Because the circular prohibited such orders, the stated reasons did not make this attachment lawful.
¶ 5The authorities remained free to consider a transfer or other legally permissible action.
¶ 5–605Holding
The Court held that the attachment order dated 21 October 2026 was contrary to the State Government’s circular and could not be sustained.
¶ 6–8It quashed the order and allowed the petition, while preserving the State’s liberty to take appropriate action in accordance with law if administrative exigency arose in future.
¶ 6–8Original Court PDF
VIRENDRA CHAUHANvsSTATE OF CHHATTISGARH
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