mMiWURT^? CHHATTI8<iA.RH. BILASPUR W.P. (81 Mo.4611/2007 PETITIOMER RESPONDBNT Jagat Bandhu Cbateraborty Soa of Shri. Gudhari Chakraborty, aged about 39 years, Piesenfty posted at Higher Secondaiy School Paudiapafh, Btock Bagicha, District Jashpumagar (C.G.) Versus State of Chhattisgarh, Through: The Secretary, Departmeiit of Schedute Caste aad Schedule Tribes Developincnt, D.K.S. Bhawaa, Raipur (C.G.) The Etepuly Secretary, Sdeduted Caste and Sclteduted Tribes Devclopinent, D.K.S. Bhawan, Raipur (C.G.) The CommissiDaer, Tribal Dcvelopi&ent, Raipur (C.G.) 4. The Assistant Comnussioner, Tribal Wel&re, Jashpur, District Jashpumagar (C.G.) 5. The Block Educatton Officer, Block Bagfcha, District Jashpiimagar (C.G.) 6. B.K. Rajput, Assistant Coiiunissioncr, Tribal Wetfare, Jashpur, District Jashpums^tr (C.G.) Appearance: SIu-i P.P. Sahu, Cozinsel for fhe pctitioiier. Ms. Deepali Pandcy, Paacl Lawyer for Itie State on advaace copy. W.P.(S)No.4511/2007 ORAL ORDBR (13.08.2007) 8UNIL KUMAR 8IMHA. J. Heard. The petitioner, who is working on llie post ofUpper DMslon TeacUer, has filed this Writ Petitlon challenging fhe order of hls teansfer datcd 07.07.2007 (Annexure P/ 1), by which, he has bcen trausferred fi?om High School Pandrapafh, Block Baycbsi, Djstnct Jashpur to High School Konte, D^trict Dantewada. Leamed counsel for the petitioner subxnite that eailier fhe pctitioner was worldng in High School, Paadrg>ani. The petitioner was suspended on 4.8.2005 and hte headquarter was fixed at Tapkara aad after his remstatement on 23.9.2006, he was pc»ted at Paadrapath, Block Bagicha, Distnct - Jashpur, froin where now he has been traasferred to Daatewada. His subntfasion is that the wife of the petitioner is workiag as Shiksha. Kcsnrd Giade-II in Girls' Middle School, Ankira, Block Farsabahar District Jashpur aud 6x011 tfaere the traasferred place is at a distance of 900 tan, fherefore, if the order is attowed to remaia ia force, the petitioner would face great hardship. He also submits that ia fact thc order has been passed on fhe inalafide action initiated by rcspondent No.4, as at one poiut aftime, whcn there was mass suspeiision of about 82 employees, respondent No.4 had reinsteted xnauy of fhem, but had not iciustated fhe petitioner. Thereafter, wUen fhe petitioner sought some documents fi-om his Of&cc, he did not suppfy fhe same to him. On being polntedly asked fixau leamed counsel for ttie petitioner as to who passed fhe order of reinstateinent, he veiy faidy subnuts that the order of reinstatemeut has been passed by respondent No.4 hims&U. W.P. (S) No4511/a>07 -i. I have heaid leamed counscl for fhe parties at leagfh. So far as the grounds xclatmg to personal difficiilties IBse workiag of fhe wife and the distaace of fhe trattsfencd place are concemed, it is for the eiuployer to sce as to how tfae einptoycc is to be tept wlule in semce aad what faciMties and accommodations can be given to hini for obtaioing bctterservices ftosa. hnn. These are not the grounds withia the domiaion of fhe Coiu-t to interfere in aa order oftransfer p^sed by fhe einployer. So far as thc groimds of malaSde are coiucmed, leamed couusel for the petitioner himself has subinitted fhat it was respondent No.4, who has reinstated fhe petitioner aud he also subinitted during fhe course of arguments that a depas'taiwxtal enquiry was initiated against the petitioner and a punisluncnt of reductmn ia increinent was awarded to him. Howevcr, he could not poiat out as to how this oider is related to respondent No.4 and what actioa of respondent No.4 is malafide ia the naatter of traasfer offhe petitfoner. It is pertment to incntion here that the order of transfer bas been issued by the State Govenunent and according to fhe Transfer PoUcy, as stated to nie, naauy formaUties are to be conipleted before p^sir^ of such an order, therefore, no cxpa'essed malajBde can be attnbuted to respondent No.4 and fhM ground does not appear to be made out m favour ofttie petitioner., In the facts aad circuiustences ofthis case, I do not find aay laerit iu this petition. The petition bas no luerit aad ffac same is disinissed at fhe inotionstg^e itseU. —_ —^— Shyna Sd/- Sunil Kumar Sinha Judge