^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W. P. (S) No. ^LSO^ OF 2011. PETITIONER IIIN^I^ A^:: .^c^ ^'\(b .-^',\* .\'v RESPONDENTS Shankar Lal Jaiswal, S/o. late Shri Bhondu Ram Jaiswal, aged about 48 years, Upper Division Teacher, presently working as Cluster Academic Co-ordinater, Block Bodla, District Kabirdhara, (C. G.) VERSUS /:1. State of Chhattisgarh, Through : The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C. G.) ^ 2. The Collector, Kabirdham, District Kabirdham (C.G.) ^3. District Education Officer, Kabirdham, District Kabirdham (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTmiTION OF INDIA The petitioner naraed above begs to submit as under:- •15!>- :f\ ^ fc? A^- 'y ashoK PETIT!0?\'ER RESPONDENTS HiGH COURT OF CHHATTISGARH : BILASPUR WRIT PETIT10N (S} No. 4407 OF 2011 Shankar La! Jaiswal Versus State of Chhattisgarh & Others (Writ Petition under Article 226 ofthe Constitution of india) Singie Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Somkant Verma, Advocate for the petitioner. Shri P.K.Bhaduri, Panei Lawyer forthe State. ?DER {ORAU 3. (Passed on this 08th day of August, 2011) Learned counsel appearing for ths petitioner submits that under the transfer policy dated 13.06.2011 (Annexure P-4), it is cieariy stated that the Coilector alone is competsnt to transfer the employees beionging to Class-!!! & IV services on proposal made by the other departments in approvai ofthe minister in-charge. in the case on hand. it aDpears that the District Education Officer without foiiowing the guideiines issued in the transfer policy had passed the order impugned, when the Coltector has been assigned the responsibiiity of transfer of the employees working in the concerned dsstrict, on proposal of the concerned departments. Thus, this suffers from the defect of competence of the officer. Accordingly, the transfer is unsustainable in the eyes of law. As a result, the transfer order dated 15.07.2011 in respect of the petitioner is quashed. However, liberty is reserved to the government tQ pass an appropriate order, if so advised, in accordance with administrative exigency and in public policy, in accordance with law. Accordinaiv, thewrit petition Is allowed to the above-extent. No order asto costs. Sd/- Satish K. Agnihotri Judge