IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14532 of 2011 Pramod Kumar Mandal S/O Late Bhuveneshwar Mandal R/O Vill.-Barmashiya Budhchawk P.S. Katihar, Distt. Katihar. Versus 1. The State Of Bihar through the Principal Secretary, Govt. of Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Education Officer, Katihar. 4. The District Programme Officer, Establishment Education, Katihar. 5. The Block Education Officer, Dandkhora, Distt. Katihar. ---------------------------------- 4. 4.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the office order dated 16.8.2011 issued by the District Education Officer, Katihar by which the petitioner has been transferred from Middle School, Sauriya (Dandkhora) to upgraded Middle School, Pathartola (Kursela). The only point raised by learned counsel for the petitioner is that the District Education Officer did not have the jurisdiction to pass the impugned order dated 16.8.2011 transferring the petitioner without an order from the Director, Primary Education in view of Rule 3(c) of Bihar Nationalized Primary Schools Teacher (Transfer) Rules, 2006. In the counter affidavit filed on behalf of the respondents stand has been taken that the transfer has been made on account of several complaints of financial 2 irregularities and misappropriation of funds being made against him in the audit report for the year 2010-11. However, there is no averment in the counter affidavit that the impugned order has been passed on the basis of any order issued by the Director, Primary Education in this respect rather the impugned order states that it has been passed on the direction of the District Magistrate. On a consideration of the aforesaid facts and circumstances, it is evident that the order passed by the District Education Officer is contrary to the provisions of Rule 3(c) of the 2006 Rules. Accordingly, the said order is quashed being without jurisdiction. The writ application is thus, allowed. However, it will be open to the authorities to take fresh steps and appropriate action in accordance with law. S.Pandey (Ramesh Kumar Datta, J.)