Qlisieiie Bssf •:—» .--. ^^^^S' S.^-ifSS-l (^ BEFORE HON 'BLE HIGH COU RT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. W?° /2011 PETLTION£R : ^Narendra Kumar Tiwari S/o Shri ^ Awadh Ram Tiwari, aged about 59 i.V^iy7 years, Upper Division Teacher, Govt. ).v':^3' ..•••"'I Pre- Middle School, J.R.D. ^^y"'^ >^^/ ^y^---^ A-y' ..»tll- y Multipurpose Middle School no.1, Durg, District Durg (C.G.) ys^ VERSUS RESPONDENTS : 1.~ State of Chhattisgarh, Through: the Secretary, School Education Department, Department, D.K.S. Bhawan, Raipur (C.G.) 2. ^ Collector, Durg, District Durg (C.G.) 3.< District Education Officer, Durg, District Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. ^ w' '"'''BlAiS PET^TiONER ;SPONDENT HIGH COURT OF CHHATTiSGARH : BILASPUR WRIT PETiTiON (S) No. 4970 OF 201', Nsrsncira Kumsr Tiwarl Vsrsus Staie of Chhattisaarh & Others ssnc^ iWrit Petition under Articie 226 of the Constitution of india) Singie 3ench : Hon'ble Shri Satish K. Agnihotri, J. Pressnt:- Shri Anup Majumdar, Advocate for the petitioner. Shri Shashank Thakur, Panei Lawyer ror the State. ORDER fORAL'i (Passed on this 27'" day of Augusi, 2011} 1. Learnsd counsel appearing for ihe petitjoner submits that under the transfer poiicy sated 13.06.2011 (Annsxure P-3), it is cieariy stated that the CoiSector aione is competsnt to transfer ihe empioyees beionging to Class-iii & IV serolces on proposa! made by t'ne other dspartiTients in approvai of the mlnister in-charge. in the case on 'nsnd, it appears that the Dlstrict Education Officer without foilowing the guidelines issued m the transfer policy had passea the order impugned, v/hen the Coiiector nas been asslgned the responsibisity of transfer of ihe empioyees working in the concerned district, on prooosa! of the concerned departments. Thus, this suffers from the defect of competence of the offlcer. Accordingiy, the transfer is unsustainabie in She eyes of law. As a resuit, the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner Ss quashed. However, i'berty is reserved to the government to pass an appropriate order, If so advised, in accordance with administratlve sxlgsncy and in public poiicy, 'in accoroance wran saw. Accordingiy, the 'A'rit petition is aiiowed to the above-extent. No order astocosts. rf! . , Sd/- i \ SATISH K. ANGNIHORI i Judge ^. ^