Chhattisgarh High Court
Administrative and Public LawEmployment and Labour Law

Competent authority must decide pending posting representations by a reasoned order within thirty days.

KISHAN RATHORE vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 25, 20262 MIN READSOURCE JUDGMENT
Competent authority must decide pending posting representations by a reasoned order within thirty days.. KISHAN RATHORE vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, Secretary of Gram Panchayat Taraigaon, was initially posted at Village Panchayat Taraigaon, Janpad Panchayat Gaurella, District Gaurella-Pendra-Marwahi. He was placed under suspension by order dated 3 July 2026. The suspension order was subsequently kept in abeyance by the Chief Executive Officer, Zila Panchayat, on 7 September 2026, following which the petitioner was posted at Village Panchayat Bhaskura, approximately 50 kilometres from his earlier place of posting

Source reference: para. 1

The petitioner submitted a representation dated 11 September 2026 to the Chief Executive Officer, Zila Panchayat, seeking posting at a nearer place, preferably Village Panchayat Taraigaon. As the representation remained pending, he approached the High Court seeking its consideration and disposal

Source reference: para. 2
02

Issues

Whether the Chief Executive Officer, Zila Panchayat, should be directed to consider and decide the petitioner’s pending representation seeking posting at a nearer place, in accordance with law and the applicable rules or policy

Source reference: para. 2

Whether the Court could grant the petitioner posting at any particular place, including Village Panchayat Taraigaon, on the facts presented

Source reference: paras. 4–5
03

Law Applied

The Court applied the principle that a competent administrative authority must consider and decide a pending representation in accordance with law, the applicable rules or policy, and by passing a reasoned and speaking order.

Source reference: paras. 4–5

The Court also recognised that decisions concerning posting and transfer fall within the domain of the competent administrative authority and that judicial directions should not predetermine the merits of a claim for posting at a particular place.

Source reference: paras. 4–5
04

Reasoning

The Court noted that the petitioner’s representation dated 11 September 2026 was pending before the competent authority and that the State and respondent No. 4 had no objection to its consideration.

Source reference: paras. 2–3

Since the petitioner sought only a limited procedural relief, the Court did not examine the merits of his request for posting at Taraigaon or any other particular location. It directed the Chief Executive Officer, Zila Panchayat, to independently consider the representation under the applicable legal framework and to issue a reasoned and speaking order, preferably within 30 days of receiving the Court’s order.

Source reference: paras. 4–5
05

Holding

The writ petition was disposed of with a direction to the Chief Executive Officer, Zila Panchayat, Gaurella-Pendra-Marwahi, to consider and decide the petitioner’s representation dated 11 September 2026, if still pending, in accordance with law and the applicable rules or policy, by passing a reasoned and speaking order, preferably within 30 days from receipt of the order.

The Court clarified that it had expressed no opinion on the merits of the petitioner’s claim for posting at any particular place.

Source reference: para. 5
Chhattisgarh High Court

Original Court PDF

KISHAN RATHOREvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 25, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment