HIGH COURT OR UTTARANCHAL AT NAINITAL. Writ petition No. 511(S/S)06: Madan Lal Bhaskar S/o Late Moti Bhaskar, At present posted as Deputy Block Education Officer, Block Pokhari, District Chamoli. ----Petitioner. Vs. 1. State of Uttaranchal through Secretary, Education, Civil Secretary, Uttaranchal, Dehradun, 2. Director of Education, Uttaranchal, Mayur Vihar, Dehradun. ----Respondents. Sri R.P. Nautiyal, learned counsel for the petitioner, Ld, Standing Counsel for State of Uttaranchal/ respondent no. &2. Hon’ble M.M. Ghildiyal, J. Heard Sri Nautiyal, learned counsel for the petitioner and learned Standing Counsel for State of Uttaranchal/ respondent nos. 1 & 2. 2. By means of this writ petition, the petitioner has prayed to issue a writ, order or direction in the nature of certiorari for quashing of the impugned transfer order dated 3rd April, 2006 passed by the Director of Education, Uttaranchal, Dehradun. 3. Submission of the learned counsel for the petitioner is that the petitioner is working as Deputy Block Education Officer, Block Pokhari, district Chamoli. The transfer order has been passed by the Director of Education, transferring the petitioner from Block Pokhari, district Chamoli to Block Thalisain, district Pauri Garhwal only on the basis of a FAX message received from the District Magistrate, Chamoli. 4. It appears that the District Magistrate, Chamoli has sent the said FAX message for making transfer of the petitioner in pursuance of some complaints made by some teachers against 2 the petitioner. Counsel for the petitioner has submitted that while issuing the transfer policy, the State of Uttaranchal has specifically stated that whenever a transfer on the administrative ground is to be made on the basis of some complaint the authority must verify the genuinous of the complaint and only after verifying the genuinous of the complaint, the transfer can be made on administrative ground. 5. In the present case, it appears that some teachers have made complaint against the petitioner to the District Magistrate, Chamoli and the District Magistrate as well as the Director of Education without verifying the facts of the complaint and without applying its’ mind, only on the basis of that Fax message, has transferred the petitioner from the present place of posting. It is well settled law that if a transfer order has been passed by the Transferring Authority empowered to make transfer, without verifying contention of the complaint and without applying its mind, the transfer order would be vitiated. 6. In the present circumstances, I direct the Director of Education, Uttaranchal Dehradun to get the issue enquired by the District Education Officer, Chamoli and till the report is submitted by him in this regard to the Transferring Authority, the order dated 3rd April 2006 shall be kept in abeyance. The Director of Education, Uttaranchal Dehradun shall be at liberty to pass fresh order, after receipt of the report from the District Education Officer, Chamoli. 7. With these direction, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) April 12, 2006: NCM: