@) (^) . », IN THE HIGH COURT'OF CHHATTISGARH AT BILASPUR WRIT PETITION N0 ^ 2-5"uloF 2005 PETITIONER: ..^•y ^•\^~ 1 A"' ••' .5>_ ] I.- r^yy ^y^- 'V6>-'" RESPONDENT fS): Santosh Kumar Baspei, S/p- Late Shri L.R.Baspei, Aged About-36 years, Occupation-Upper Division ^£-t«.rtS'jaf Shahid Nufan Soni Govt. Higher Secondary School Ratanpur, R/o- Ward No.6, Near Madarsa Baba, Ratanpur, Thesil-Kota, Distt.- BilaspurfC.G.) VERSUS / 1. Stateof Chhattisgarh Through it's Secretaiy Department ofSchool Educafion D.K.S. Bhawan RaipurfC.G.) 2. Collector BilaspurfC.G.) 3. District Education Officer Bilaspur (C.G.) WRIT PETITION UNDER ARTICLE _ 226/227 OE .THE' coNSTrrunoN OF INDIA FOR ISSUANCE OF AN APPRGPRIATE WRIT IN THE NATURE OF MANDAMUS -/• CERTIORARI ETC. OR DIRECTION / ORDER JN THE LIKE NATURE. 'I^-o!fe .^^ I-HC-78 ^vcf ^qTETTcsq', u-aUi^w, fidt'H y~< WR5T^TO--^f:"-£z^-^^ sn^sTwR'fi* !TaiT3II^?r**<i<b aiT^si (ra^(lciij(si<g) BTOT8R5S|%?T SD^ST 27/10/2005 Shri Vinay Pandey, lean Shri Pankaj Shrjvastaya Heard. By vway of this Writ Pe' Constitution of India, the pe Upper &iyision Teacher in q been transferred fro.m Rati validity of his transfer Learned counsel for thi children of the petitioner are mid-session transfer is bad beeh pressed in this petition. The law in relation to of transfer is now well settl the matter of Kendrikya Visf^ order klated Pandev. 2004 AIR SCW 5i dn incidence of service is n< unless it is shown to be cleolr infraction of any prescribj transfer. (please see Ambarif (Suppl.) 4 SCC 169). Unless 'RKlFnJll <1!*t«l'^'l^'<II<f'j|'WI^ ^aif^Tair^^r ed counsel forthe petitioner. Panel Lawyer for respondent Nos.l,2<& 3, (ition filed under Article 226/227 of the tt-itioner, who is presently working as an Local Institution at Ratanpur, and has |»ipur to Pathariya has challenged thp 31/8/2005 (Annexure P-1). petitioner presses the ground that the studying ih the Local Institution and ttie n law. Except this noother ground has iterferencs-by the Courts in thematter sd. TheApex Court while dealing with I'glgya Saiwathan -Vs- Pamodar Prasad '63 observ&d that the transfer which is t to be interfered with by the Courts •ly arbi.trary or vitiated by mala-fide or d norms of principles goveFning the Kanta R<ay -Vs- State of Orissa - _199_5 he or-der of transfer is vitiated by mala XI-HC-78 ?a-oq;r<<i'qi«<i,u>ioWl.*l<»>Rl<AI'Hl^< WRSTaFTT^ .in^sTwR'ii'b a8IT3tI^?T(btfi<b ^ r ^z^c! /3> 3II^?Tq3^ ('^fg^S) fide or is made^in violation interfere with it. (See Unio, f operative 9uidelines, the Courtcannot * oflndia -Vs- S.L. Abbas AIR 1993 SC 2444). Who should be tran; the administrative authority is vitiated by mala fide 01 guidelines or rules the Cour' In UniorL of India & othei (2004) 4 SCC 245. it was ob| "No eov^i under'taking he^ any one partid^ trdnsfer or category o'i anather is no\ seryice. necesSj. the public admi diown +o be ad to be in violati\ such transfer\ cannot interf^ routine, as th^i substituting efnployee/mandf, 1tie in+erest of concemed. 7%| Netional Hydi\t Bhaawan (2001 tRKito'ili *iit<'>T^'l%i<il •<Rl'(-<il'( ^aif^rgn^sT ferred and posted where is a matter for Ito decide. Unlessthe order of troinsfer is made in violation of operative any s should not brdinariiy interfere withit. \s -Vs- J'gnardan Debanath S_ another of a fiprticulat' Iserved as follows: Ynment servant or employee of a pubtic any legal right to be posted forever at \tlar place or place of his choice since employee appointed to the class tiwnsferable posts from one place to only an incidenf, but a condition of wy too in public interest and efficiency in ilstration. Unless an order of transfer is Qutcome of mala-fideexerciseor- stated m of statutory provisions prohibitihg any, the Coufts or the Tribunals norfnally re With such orders as a matter of ugh they were the appeilaie au-thori+ies ^ieir own decision for that of the gement, as against such order passed in admintStra+ive ewgencies of the serylce s position was highlighted by this Court in lelectric Power CorVn. Ltd. -Vs- Shri ) 8 SCCS74. ?,1.': ^^l^s^^^ll ES ^^ ^^ BM n ^ls' ns M a XI-HC-78 *if*iWlWffV^ \3xq.-<+iqirt<<,t»-i:il<a'<i(S,R|riWy<{ ,_^/f_; ^z^yjo^- SIT^STWR-fi* ganan^CTriiiicB \ t 3ni?TIra^(ic(fgq^) s^cital^iffeT sn^v\ Having considering the papticularly considering the ci beeri (ieiinted out nor it has b or'der is dgainst the statutory such order of transfet*. The petition has not me However, the petitionei the concerned authority. C.C.asper rules. *l'i)[d4l-1 •{!<1riY4"fecQ?fSR?R ^3lf^T3IT^»T Ifacts and circumstances of this case lcumstance that no malafides have en pointed out as to how the transfar rules, I am not inclined to interfere in it and the same is djsfflissecl. is free to.file representation before Sd/- Sunil Kumar Sinha ^; Judge