Facts
The petitioner, an employee of the Chhattisgarh State Civil Supplies Corporation Limited, was transferred by order dated 10 September 2026 from the post of Manager (Finance), District Durg, to In-charge District Manager, Balod.
Source reference: para. 2, pp. 2–3She was relieved from Durg and joined at Balod on 11 September 2026.
Source reference: para. 2, pp. 2–3Thereafter, the State Government issued an order dated 13 September 2026, purportedly under Rule 47(2) of the Chhattisgarh State Civil Supplies Corporation Limited Conduct, Discipline, Appeal and Service Recruitment Rules, 2021, cancelling the petitioner’s transfer.
Source reference: para. 2, pp. 3–4The petitioner challenged the cancellation, contending that the State Government lacked authority to interfere with the Corporation’s internal transfer and posting decisions and that the transfer had already been executed upon her joining at Balod.
Source reference: para. 3, p. 4Issues
1. Whether the State Government had jurisdiction under Rule 47(2) of the 2021 Rules to cancel or interfere with a transfer order issued by the Chhattisgarh State Civil Supplies Corporation Limited?
Source reference: paras. 3–4, pp. 4–5, 72. Whether a transfer order could be cancelled after it had been acted upon and executed by the employee joining at the transferred place of posting?
Source reference: paras. 2–3, pp. 3–4; para. 7, p. 53. Whether the petitioner was entitled to continue as In-charge District Manager, Balod pursuant to her joining dated 11 September 2026?
Source reference: para. 8, p. 6Law Applied
The Court applied Rule 28 of the Chhattisgarh State Civil Supplies Corporation Limited Conduct, Discipline, Appeal and Service Recruitment Rules, 2021, under which the Managing Director of the Corporation is the competent authority concerning the service areas, postings and transfers of Corporation employees.
Source reference: para. 5, p. 4It also considered Rule 47(2) of the 2021 Rules, holding that the provision did not confer upon the State Government authority to interfere with the Corporation’s internal transfer, posting or service matters.
Source reference: paras. 3 and 7, pp. 4–5The Court further applied the settled principle that once a transfer order has been acted upon and executed by the employee joining the transferred post, its subsequent modification or cancellation is impermissible in law.
Source reference: para. 7, p. 5Reasoning
The transfer order dated 10 September 2026 had been validly implemented when the petitioner was relieved from Durg and joined at Balod on 11 September 2026.
Source reference: para. 2, pp. 3–4Consequently, the State Government’s subsequent order dated 13 September 2026 amounted both to an impermissible cancellation of an executed transfer and to an exercise of power not authorised by Rule 47(2) of the 2021 Rules.
Source reference: para. 7, p. 5The Court accepted that the Corporation, through its competent authority under Rule 28, possessed the authority to deal with its employees’ postings and transfers, whereas the State Government could not rely merely on the Corporation’s status as an instrumentality of the State to assume jurisdiction over its internal service matters.
Source reference: paras. 4–7, pp. 4–5Holding
The Court held that the State Government lacked authority under Rule 47(2) of the 2021 Rules to cancel the Corporation’s transfer order and that, in any event, the transfer could not be cancelled after it had been executed through the petitioner’s joining at Balod.
The cancellation order dated 13 September 2026 was quashed.
Source reference: para. 8, p. 6The respondents were directed to permit the petitioner to continue as In-charge District Manager, Balod, pursuant to her joining dated 11 September 2026.
Source reference: para. 8, p. 6The writ petition was accordingly allowed to that extent.
Source reference: para. 9, p. 6Original Court PDF
NEELIMA THAKKARvsSTATE OF CHHATTISGARH
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