SINGLE BENCH 0 ,v (5" ‘ \og b émgle Bench BEFORE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. §O?é /2011 PETITIONER : / Smt Vimla Ramteke W/o Shri K Ramteke, aged about 59 years RESPONDENTS : /1. State ofChhattisgarh, Through: the Secretary, School Education Department, Department, D.K.S. Bhawan, Raipur (C.G.) 2. Collector, Durg, District- Durg (C.G..) 3. District Education Officer, Durg, District Durg (C.G.) WRIT PETiTiON UNDER ARTICLE 226 OF THE CONSTITUTION \ OF INDIA. C ‘girsm “\e\/’}g’.\m\- Arjunda, Gunderdehi, DiStriCt Durg Q:;: “f % (CG) VERSUS b) EShOK Learned counsei appearing for the petitioner submits that under the tranofer poiicy dated 13082011 (Annexure P—2), it is clearly stated that the Cotiector alone is competent to transfer the employees belonging to Class—ill & tV services on proposal made by the other departments in approval 0t the minister in-charge. tn the case on hand, it appears that the District Education Officer without following the guidelines issued in the transfer policy had passed the order impugned, when the Collector has been assigned the responsibitity of transfer of the employees working in the concerned district, on proposal of the concerned departments. Thus, this suffers from the defect of competence of the officer. Accordingly, the transfer is unsustainable ‘m the eves of law. As a result, the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. However, liberty is reserved to the government to pass an appropriate order, if so advised, in accordance with administrative exioencv and in public poiicy, in accordance with law. Accordingly, the writ petition is allowed to the above-extent. No order asto costs. Sd/- SATISH K. ANGNH-IORI Judge HKBH CGURT OF CHHATTISGARH : BELASPUR WRIT PETiTiON (S) No. 5070 OF 2011 PETmCNER Smt. Vimla Ramieke Versus RESPONDENTS State of Chhattisaarh & Oihers {Writ Petition under Articke 226 of the Constitution of tndia) Single Bench : Hon’bie Shri Satish Kt Agnihotri, J. Present :- Shri Anup Majumdar, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State. xx ORDER (ORAL) (Passed on this 02m day of 8eptember, 201 1)