IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 776 OF 2008 MR. ROY C. D'SOUZA ... Petitioner Versus STATE OF GOA THROUGH SECRETARY (EDUCATION) AND 2 ORS., ... Respondents Mr.S. D. Lotlikar, Senior Advocate with Ms. G. Xettigar, Advocate for the petitioner. Mr. S. R. Rivonkar, Government Advocate for the respondents. Coram:- B.P.DHARMADHIKARI & U. D. SALVI, JJ. Date:- 6th April, 2009 P.C. Heard finally by consent of the parties, as the impugned order dated 11.12.2008 has already been stayed on 18.12.2008. 2. The petitioner was restrained from performing his college duties by order dated 12.08.2008 because of some complaints received from the students and subsequent agitation resorted to by them. Thereafter by order dated 10-11th December, 2008, the petitioner was ordered to be re-employed in the Technical Education College with immediate effect until further orders. The respondents filed their respective replies-in-affidavit and in the affidavit filed by the Director of Higher Education, holding charge of Directorate of Technical Education i.e. the present respondent no.2, it has been mentioned that though inquiry was conducted, nothing adverse could be found against the petitioner. Learned Senior Advocate for the petitioner states that it is out of cadre transfer and could not have been resorted to. Advocate for the respondent no.2 states that the position has already been explained on affidavit. 3. It is noticed that though opportunity was given to the students, nothing material could come out and therefore order to re-employ the petitioner on out of cadre post cannot be sustained. Such transfer cannot be without the wish and consent of the petitioner. It is to be noted that the petitioner was restrained from performing his duties and thereafter, order of transfer was issued. In the circumstances, it is apparent that there is no material with the respondents to sustain these orders. 4. Both the orders are quashed and set aside. Writ petition is allowed. In the circumstances, there shall be no order as to costs. B.P.DHARMADHIKARI, J. U. D. SALVI, J. lh/.