CWP No.2959 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.2959 of 2009 (O&M) Date of Decision: 21.01.2010 **** Smt. Sudesh Kumar Bajaj . . . . Petitioner VS. State of Punjab and Others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. V.K. Kataria, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the transfer order dated 12.02.2009 (Annexure P1), whereby, she has been transferred from the post of District Education Officer (SE) to the post of Principal, Government Senior Secondary School, Chuhar- Chak, District Moga. (2). The petitioner’s grievance is that she is fairly senior to the private respondents No.3 to 19 in the cadre and by virtue of her seniority position, she is entitled to be posted as District Education Officer (SE) even though the said post is inter- CWP No.2959 of 2009.doc - 2 – transferrable with posts of the Principals of Government Senior Secondary School. (3). Notice of motion was issued and pursuant thereto, the respondents have filed their reply. It is averred that there were some complaints against the functioning of the petitioner, on the basis of which she has been charge-sheeted and due to that reason that she has not been posted as District Education Officer (SE). It is further averred that the postings against the posts of DEO (SE) and DEO (EE) will be reviewed in the light of a recent judgement of this Court dated 22.04.2008 rendered in CWP No.18141 of 2007 in Gurdev Singh Gill vs. State of Punjab and others (Annexure P2). (4). After hearing learned counsel for the parties and taking into consideration the stand taken on behalf of the respondents, I deem it appropriate to dispose of this writ petition with a direction to the respondents to conclude the pending enquiry against the petitioner as early as possible preferably within a period of three months and thereafter consider her claim for posting as District Education Officer (SE) in terms of the decision of this Court in Gurdev Singh Gill’s case CWP No.2959 of 2009.doc - 3 – (supra). The petitioner shall also fully cooperate with the ongoing enquiry so that the same can be disposed of within stipulated period. (SURYA KANT) JUDGE 21.01.2010 vishal shonkar