1 .i_^iL<>iBnt<fi<i'' irifttwtiBii »^i 1111 i ti/ffl iniil irii< 5 .^s BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. ^c? /2011 PETITIONER ^?s^ .•^'^•"^•y"" ..-•' ^y^^^ - "a'J?'" ..^•\"<2^s'' .-a^. ,, ^^^ ^^^-•^' Prakash Das Baghel S/o Shri P.D.Baghel, aged about 47 years, Upper .Division Teacher, Govt. Pre- Middle .School, Bhatagaon, District Rajnandgaon (C.G.) ^,^ ya-A^ RESPONDENTS : VERSUS 1. -"'State of Chhattisgarh, Through: the Secretary, School Education Department, Department, D.K.S. Bhawan, Raipur (C.G.) 2. ,/'Collector, Rajnandgaon, District Rajnandgaon (C.G.) 3.' District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226 OF_JHE CQNSTITUTION OF INDIA. NB s/' ".-. '& PETiTIONER H1GH COuRT OF CHHATTiSQARH : BILASPUR WRIT PETiTION (S) No. 4920 OF 2Q11 Prakash Das Baghsi E?n%^~*!.. ;T^ It.tti-'UNUbN 1 S Versus State of Chhattisgarh & Others (Writ Petiiion under Article 226 ofthe Consiitution of india) Single Bench : Hon'bie Shri Satish K. Agnihotri, J. 'resenS:- Shri Anup Majumdar, Advocste for the petitioner. Shri Arun Sao. Govemment Advocate for the State. ORDER ('ORAL') (Passed on this 27'" day of August, 2011) Learned counsei appearing for the petitioner subm'its that under the iransfer poiicy dated 13.08.2011 (Annexure P-2), it Is cieariy stated that the Coiiector aione is eompetent to transfer the empioyees belonging to Ciass-ii! & !V sen/ices on proposal made by the other deDartments in aooroval of the minister in-charge. ;. !n the oase on hand, it appears that the District Education Officer wit'nout tbilovf'ing the guideilnes issued in the transfer policy had sassed the order imDuaned. when the Coilector has been assigned the responsibility of transfsr of the employses working in the concerned district. on proposai of the concemed departments. Thus, thls suffers frorn the defect of competence of the officer. Accordingiy, -^, the transfer is unsustainabie in the eves of As a resuit, the transfer order dated 15.07.2011 (Annexure P-1) in rsspect of the petltioner is quashed. However, liberty is reserved to the govemment to pass an appropriate order, if so advised, In accordance with administrative exigency and in public policy, In accordance with !aw. Accordinalv, th®writ petition is aiSowed to the above-ex'tent. No order 351,0 COSI^. I :•. •'"•' ' •;, . " c-i / r -- ' ^SATISH K. ANGNMOM ! , Judge .1