^u\^ oVo HIGH_CQU_RT OF CHHATTISGARH AT BILASPUR W.P.^No. 7269 of 2007 Petitionsr Smt Shyamvati Kunjam. Aged about 34 years, W/o - Shri Manish Kunjam, PrssenUy - Posted as Assisfant Teacher, Govemment Giris High School, Sukma, R/o post - Sukma, Tehsii- Konta, District- South Bastar Dantewada (Chhattisgarh) Versus Respondente 1. State of Chhatttegarh, Through Secretar/, Dspartmsnt of Tribal Wsifers and Schedute Caste welfare Department, D.K.S. Bhavan, Mantralaya, Raipur (ChhaSisgsrh). 2. 3. 4. Collector, Dantewada (Chhattisgarh) Assistant Commissioner, Triba! Deveiopment, Jagdalpur, District- Bastar (Chhattisgarh) Principal, Girls Higher Secondary Schooi Sukma, District- South Bastar, Dante'rada (Chhattsgarh) WEKT PETITION CSDER ARTICLB 226 ^TSIE COIISnTUTION OP INDIA SB; Hou'blc Mr. Justicc Satish K. Agaaiotti, J Shri Mateen Siddque, Advocate for fhe petitianer. Ms SuuitaJaia, Panel Lawyer for ffae respondeats. ORAL ORDER (Psssed on this 9th day ofApril, 2008) 1. Wifh the conaent ofthe parties, the matter is heard fiiiaHy. 2. The petitioner, who is aa Assistant Teaclier, is aggneved by fhe onler dated 24.10.2007 (Annexure P/2), whereby fhe petitioner has been transferred from the Govt. Girls High School, Sukma District Beejapur to the ofKce of fhe Assistaat Coiiunissioner Tribal Developiaent, Narayaapur, on admmistrative exigency. 3. T-h. grouads of chaUeiige iu this petition are that the traasfer order is au outcom.e of the malafide exercise of powers, as the husbaud of the petitioner had ffled soine petition iu the Supreme Court. Secondlv, the relieving order has been passed wittun a period of ffairee days of the passing of ftie trausfer order, ex-parte that also supports fhe allegation of mala&de. Thitdly, fhe place of poating has n.ot been assigned iu. the transfer order but fhe petitiouer has been sent to the of&ce of the Assistant Coinmissioner, Tribal Developiuent, Narayaapur. Thus, the order oftraasfer is bad ia law and desewes to be quashed. 4. Afier hearing leamed couusel appeariug for the petitioner, perusiug the pleadiugs and docuraents appended tticreto, it is not a case which wan-aats interference with fhe transfer order. The aUegatioa of malafide on fhe ground fhat some petition has been filed by the husband of the petitioner and place of posting has not been given does not make out a case ofstrong niala&de. In order to estabU.sh strong malai&de fhere should be direct aud substan.ti.ve evidence. With regard to the assigmnent of fhe place, the petitioner has been transferred to the office of fhe Assistant Comnussioner, Tribal Welfare Department, Narayaapur. It is for the Assistant ComiBissioner to post fhe petitioner at a proper place. For relieving an employee it is not necessaiy that the relieviag order should be passed onfy afte^'giviag au opportuiiity of hearing to ttie employee and iu her presence, when tiie einployee avoids the relievuig. 5. It is weU setfled principle of law that trausfer is an iacidence of service aad it is for the employer to decide asto where a particular of&cer/eiaployee be posted keeping ia view pubUc interest as weU as aduunistrative exigency. This Court has limited jurisdiction to interfere iu the traasfer matter and fhis Court can iaterfere only in the cases of proved inala fide, non-coinpetence of authorily passing the transfer order and trauisfer onler not being in confonnitr with the rutes and regulations. None of the above grounds are avaflable to the petitioner. 6. In view of the foregoing, fhis petition is disinissed. No order as to costs. Thakur Sd/. Satish K.Agnihotri Judge