a RIT PETITION (s)_NoHCH_)3 OF 2011 PETITIONER / Goverdhan Singh Rajpuf 5/0. lafe Shri Shafrughan Singh, aged about 51 years, presenfly working and posted AT Middle School, Ranka, Block Dongergarh, Dis*1'. Rajnandgaon (C.G.) ’ VERsus ESPONDENTS: / 1. The S‘rate of €hhaf’risgar‘h, Through: The ‘2 Secretaryl Deparfmenf of School Educa‘rionl Manfralaya at D.K.5. Bhawan, Raipur‘ (CG). 77/2. Districf Education Officer, Rajnandgaon, (C.G.) /3. PrincipaLGovT. Middle Schooll Ranka, Block Dongergor'h, bist‘r. Roj’nandgoon (C.G.) “4W? R HIGH COURT OF CHHATTISGARH AT BU ASPI IR WRIT PETITION (S) No. 4793 of2011 PETITIONER : Goverdhan Singh Rajput. VERSUS RESPONDENTS : The State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF WDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Shashank Thakur, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State/ respondents. ORDER ORAL (Pasged on 23‘ day of August, 201 1) Challenge in this petition is to the order dated 15.07.2011 (Annexure P/l), whereby the petitioner working as Upper Division Teacher at Middle School; Ranka, Dongargarh, has been transferred to Middle School. Khobha, Chhuriya, on administrative grounds. 2.. Shri Thakur, learned counsel appearing for the petitioner submits that under the transfer policy dated 13.06.2011, it is clearly stated that the Collector alone is competent to transfer the employees belonging to class HI and IV services on proposal made by the departments in approval of the minister-in-charge. 3. In the case on hand, it appears that the District Education Officer, Rajnandgaom without following the guidelines issued in the transfer policy, has passed the impugned order, when the Collector has been assigned the responsibility of transfer of the employees working in the concerned district, on proposal of the concemed departments. Thus, this suffers from the defect of competence of the officer. Accordingly, the transfer is unsustainahle in the eyes of law. 4. As a result, the transfer order dated 15.07.2011 (Annexure P/l) in respect of the petitioner is quashed. However, liberty is reserved to the government to pass appropriate order, if so advised, in accordance with law, in administrative exigency and in public interest. 5. Accordingly, the writ petition is allowed to the above extent. Sd/ 4: T , Satish K. Agnihon‘i f . j Judge Amit