$ingle Bench RFFORF HON’RIE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.§0% /2011 / PETITIONER : D.D.Sahu S/o Shri Obhan Das Sahu, /' aged about 51 years, Upper Division 0 Teacher‘ Govt. Pre— Middle School, Bharregaon, District Rajnandgaon 6“ (C-G.) ' ESPONDENTS : R VERSUS / 1. State of Chhattisgarh, Through: the Secretary, School Education Department, Department, D.K.S. Bhawan, Raipur (C.G.) 2. / Coilector, Rajnandgaon, District Rajnandgaon (C.G.) 3. District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA‘ <? HEGH CGURT CF CHHATWSGARH ' RH ARF: hi? WRIT PET1T3CN (S) No. 5378 OF 281‘: PETiTiONl—ZR DD. 3am! Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Ariicie 226 of the Constitution of india) Single Bench : Hon’bie Shn Satish K. Agnihotri, J. Present :— Shri Anup Majumdar, Advocate for the petitioner. Shri Arun Sac, Government Advocate for the State. ashck ORDER {GRAm (Passed on this o2nd‘day of September. 201 1) Learneci counset appearing for the petitioner submits that under the transfer poiicy dated 13.06.2011 (Annexure P-2), it is ciearty stated that the Coiiector atone is competent to transfer the employees belonging to Ciess-lll & tV services on proposal made by the other departments in approval of the minister in-charge. tn the case on hand, it appears that the District Education Ofhcer without following the guidelines issued in the transfer policy had passed the order impugned, when the Collector has been assigned the responsibitity of transfer of the empioyees working in the concerned district, on proposat of the concerned departments. Thus, this suffers from the defect of competence of the officer. Accordingly, the transfer is unsustainabte in the eves of iaw. As a resuit, the transfer order dated 15.07.2011 (Annexure P-t) in respect of the petitioner is quashed. However, tiberty is reserved to the government to pass an appropriate order, if so advised, in accordance with administrative exigency and in public ooiicy. in accordance with taw. Accordingly, the writ petition is allowed to the above-extent. No order asto costs. Sd/- SATISH K. ANGNH-IORI Judge