IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19158 of 2011 1. Lalita Kumari W/O Sri Uday Kumar Gupta R/O Warisaliganj, P.S.Warisaliganj, Distt-Nawada Versus 1. The State Of Bihar 2. The Secretary, Human Resources Department Bihar, Patna 3. The District Magistrate Bhagalpur 4. The District Programme Officer(Establishment) Human Resources Department Bhagalpur 5. The Block Development Officer-Cum-Executive Officer Block Teacher'S Employment Committee, Pirpaity, P.S.Pirpaity, Distt-Bhagalpur 6. The Block Education Extension Officer, Pirpaity, P.S.Pirpaity, Distt-Bhagalpur ---------------------------------- For the petitioner: Mr. Sanjeev Kumar, Advocate For the State: Mr. Ajit Kumar, AC to A.G. ---------------------------------- 3. 19.12.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the office order dated 8.9.2011 issued by the District Programme Officer (Estt.), Bhagalpur, respondent no.4 and also seeks quashing of the office order dated 16.9.2011 passed by the Block Development Officer-cum-Executive Officer, Block Teachers Employment Committee, Pirpaity, Bhagalpur, respondent no. 5, by which the petitioner has been transferred from Girls Middle School, Shermari to Middle School, Maruadih. Learned counsel for the petitioner submits that under Rule 13 of the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006, a Block 2 Teacher like the petitioner, cannot be transferred from one school to another except with his consent and thus the impugned orders are fit to be quashed. Learned counsel for the State is unable to support the impugned orders in view of the statutory rules which prohibit passing of any such order of transfer. However, he points out that because of the misconduct committed by the petitioner, the actions have been taken and the authorities are now contemplating to initiate disciplinary proceedings against him. In view of the statutory rules the impugned orders dated 8.9.2011 and 16.9.2011 are quashed. The writ petition is accordingly allowed. However, it would be open to the respondent-authorities to take appropriate action against the petitioner with respect to any alleged misconduct in accordance with law. S.Pandey (Ramesh Kumar Datta, J.)