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Judgment
By way of the present petition, the petitioner has challenged the order dated 07.09.2026 (Annexure P/1), whereby he has been transferred from District Bilaspur to District Rajnandgaon and respondent no. 3 has been posted in place of petitioner.
Learned counsel appearing for the petitioner submits that the petitioner is a person with 50% locomotor disability and is holding a valid disability certificate issued by the competent medical authority. On account of his disability, the petitioner faces substantial difficulty in mobility and in undertaking frequent and long-distance travel. Learned counsel for the petitioner further submits that two posts of Assistant District Public Prosecution Officer are lying vacant at District Bilaspur. It is, therefore, contended that the petitioner can be accommodated against one of the available vacant posts without causing any administrative prejudice.
It is also submitted that the petitioner has already approached the competent authority by submitting a representation, bringing to its notice his 50% locomotor disability, medical condition, ongoing treatment at Bilaspur, his home town being Korba and the availability of two vacant posts of Assistant District Public Prosecution Officer at Bilaspur. However, his grievance has not been appropriately considered.
Learned counsel for the petitioner submits that, in view of the aforesaid circumstances, the petitioner may be permitted to make a fresh representation before the competent authority, raising all his aforesaid grievances and placing the relevant documents on record.
On the other hand, learned counsel appearing for the State submits that, in the event the petitioner files a fresh representation, the same shall be considered and decided in accordance with law within a stipulated period.
I have heard learned counsel for the parites and perused the record.
In view of the submission made by learned counsel for the petitioner, without entering into the merits of the challenge to the impugned transfer order, the petitioner is permitted to submit a fresh representation before the competent authority, specifically bringing on record his 50% locomotor disability, medical condition and the availability of two vacant posts of Assistant District Public Prosecution Officer at District Bilaspur.
The petitioner shall submit such fresh representation within a period of ten days from today.In the event the petitioner submits the representation within the aforesaid period, the competent authority shall consider and decide the same, in accordance with law, by passing a reasoned and speaking order, within a period of twenty days from the date of receipt of a copy of this order.
With the aforesaid direction, the present petition stands disposed of.