Archana Chauhan vs State Of Chhattisgarh And Ors

Heard.

This is the second round of litigation. Earlier the transfer order of the petitioner dated 21.08.2019 whereby the petitioner was transferred from

Bilaspur to Bastar was subject of challenge in WPS No.7580 of 2019, wherein this Court on 23.09.2019 has passed the following order:-

“1. The challenge in the present writ petition is to the impugned order Annexure P-1 dated 21.08.2019 whereby the petitioner has been transferred

from Bilaspur to Bastar.

The contention of the petitioner is that the petitioner has been recently subjected to surgery of her Spinal Cord on 07.08.2019 and thereafter the

petitioner is continuously on medical leave and has not resumed her duties till date and as per the Doctor she would have to take rest for at least six

months.

Given the facts and circumstances of the case, let petitioner make a detailed representation highlighting these facts within a period of 10 days from

today and on receipt of representation the respondents are expected to take a decision sympathetically considering the health conditions of the

petitioner as of now within a period of 45 days.

4.Till the representation of the petitioner is decided, the effect and operation of the impugned order shall remain stayed so far as the petitioner is

concerned.â€​

It is contended that thereafter the representation was filed before the grievance redressal committee, which has been constituted by the State

consisting of three senior officers including the Chief Secretary and the grievance redressal committee by its order dated 21.10.2019 has

recommended for cancellation of the transfer of the petitioner on medical ground. The said recommendation of the grievance redressal committee

reads as under:-

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Learned counsel for the petitioner would submit that despite such recommendation having been made, the transfer of the petitioner has not been

canceled and by Annexure P-1 the petitioner has been directed to join at the place of transfer i.e. Integrated Child Development Project, Bakawand,

District Bastar by order dated 04.02.2020. He would further submit that therefore, the non observance of the recommendation of the grievance

redressal committee would be illegal and the concerned Secretary should have followed the recommendation made by the grievance redressal

committee.

Per contra, learned State counsel opposes the arguments advanced by learned counsel for the petitioner.

Perused the recommendation of the grievance redressal committee. The committee considering the medical documents of the petitioner

recommended for cancellation of transfer of petitioner from Integrated Child Development Project, Seepat, (Masturi-2), District Bilaspur to Integrated

Child Development Project, Bakawand, District Bastar. Once the State has constituted a committee which consists of the senior officers and when

the committee has considered the grievance of the petitioner and has recommended for cancellation of the transfer, then in such case, the

recommendation cannot be shelved. When the grievance redressal committee of the like nature has been constituted then the officers are obliged to

follow the mandate which is given by it by other departments. Perusal of the Annexure P-1 would show that the said recommendation though has

been made for cancellation of the transfer, the same has been sidelined.

Under the circumstances, after going through the recommendation of the grievance redressal committee which has recommended for cancellation

of the transfer of the petitioner and/or to amend the same, the order dated 04.02.2020 cannot be allowed to sustain. Accordingly, the order dated

04.02.2020 is set aside. The matter is reverted back to the State Government i.e. before the respondent No.1 Secretary, Department of Woman and

Child Development, to comply the recommendation made by the grievance redressal committee and thereafter may pass a suitable order as early as

possible. Till then the transfer of the petitioner from Integrated Child Development Project, Seepat, (Masturi-2), District Bilaspur to Integrated Child

Development Project, Bakawand, District Bastar shall not be given carried out.

8. With the aforesaid observation, the writ petition stands disposed of.