Patna High Court CWJC No.6836 of 2009 (5) dt.13-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6836 of 2009 ====================================================== Ram Prasad Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. R.K.Singh Mr. Onkar Kumar Mr. Rakesh Kumar Singh For the Respondent/s : Mr. (Gp3) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 13-10-2011 Heard counsel for the petitioner and the State. Petitioner is posted as Assistant Teacher in Middle School Jhumar Dihara, Barun in the district of Aurangabad. His prayer is for quashing of the order contained in memo no. 1004 dated 27.5.2009, whereby he has been transferred from the post of Assistant Teacher, Middle School, Jhumar Dihra, Barun to Primary School, Chhuchhiya Dulare, Deo, in the district of Aurangabad. The impugned transfer order has been challenged by the petitioner on the ground that it is completely without jurisdiction. Post of Assistant Teacher is not transferable. He could not have been transferred from one place to another. The other ground for challenging the impugned order is that in Patna High Court CWJC No.6836 of 2009 (5) dt.13-10-2011 violation of the rule of natural justice without issuing any notice or providing any opportunity of hearing to the petitioner, he has been transferred from Middle School Jhumar Dihara to Primary School, Chhuchhiya Dulare, Deo in the district of Aurangabad. Petitioner is still working as Incharge Headmaster in Middle School, Jhumar Dihara. In the counter affidavit filed on behalf of District Superintendent of Education, Aurangabad ( Respondent No.3), it has been stated that the impugned transfer order was issued against the petitioner on the verbal instruction of the District Magistrate and written order of the District Education Officer. The reason behind the transfer order against the petitioner is his involvement in political activities. Considering the reason disclosed in the counter affidavit behind the issuance of the impugned order, I find that it amounts to transfer on account of some allegation, and as such it is a punishment transfer. In case there was any complaint against the petitioner regarding his involvement in political activities, it was essential that a show cause notice should have been issued, giving him opportunity to defend his activities and explain the situation, before the concerned authority. Since it was not done, petitioner Patna High Court CWJC No.6836 of 2009 (5) dt.13-10-2011 did not get any opportunity and a transfer order by way of punishment was issued. Another reason for holding the impugned transfer order illegal is the post of Assistant Teacher being non transferable, he could not have been transferred, in violation of the service condition rules. For the reasons stated above, the impugned transfer order contained in Memo no. 1004 dated 27.5.2009 issued by the District Superintendent of Education, Aurangabad, is quashed. Petitioner will continue on the post. The writ application stands allowed. Arun Kumar/- (Mridula Mishra, J)