® 6) BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) w.P.(S) No. 51,55” 0f2011 /"’ Praveen Jhan Khan w/ o W.A Khan age 50 years ‘ 1 U.D.T Middle School Banbarad District Durg (C.G) V E R S U S RESPONDENTS / 1. State of Chhattisgarh Through — The Secretary School Education Department . K- D.K.S. Bhawan, Raipur (C.G.) § (V _..v¢ i ,rr 2. Collector District Durg (C.G) PETITIONER 0\ N m \ M\ 3 (C.G) District Education Officer Durg WRIT PETITON UNDER ARTICLE 226 OF THE CONTITUTION OF INDIA FOR ISSUANCE OF WRIT OR MANDAMUS/DIRECTION OF OTHER APPROPRIATE WRIT. g9 mmmi’es mmm mmafwm . Duptiv __ wwm thin gamma, nawx ma. «I sn40—2/201 1—1 ,So,000. L SB : Hon’ble Shri Manindra Moha 1 Shrivasmva, J.‘ . :e 16-09-2011 Shri Ajay Shrivastava, counsel for the petitioner. Shri Arun Sao, Govemment Advocate for the State/respondents on advance copy. Heard. ’ Challenge in this petition is the order dated 15/07/2011 (Annexure P/1), whereby the petitioner working as pper Division Teacher at Banbarad, Dhamdha has been transferred to Middle Sch l, Jamgaon M. Patan, District Durg. Learned counsel for the pe" ‘oner submis that the transfer policy dated 13/6I2011 clearly states that the ollector alone is competent to transfer me employees belonging to class Ill a d class IV services on proposal made by the departments in the approval of the nister-in-charge. In the case on hand, it app ars that me Distridt Education Ofhoer without following the guidelines issued in e transfer policy, had passed the impugned order, when the Collector has bee assigned the responsibility of transfer of the employees working in the conce ned district, on proposal of the concerned departments. Thus, this suffers om the defect of competence of the ohicer. Accordingly, the transfer is unsustai able in the eyes of law. As a result, the transfer ord r dated 15/07/2011 in respect of the petitioner is quashed. However, liberty is r erved to the Government to pass appropriate order, if so advised, in accordanc with law, in administratlve exigency and in public interest. Accordingly, the writ petition s allowed to the above extent Sd/- Mariindra Mohan S Judge hrivastava i