IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 1330 of 2009 Date of Decision: 28.1.2009. Chetna ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.K. Aggarwal, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, D.A.G., Punjab accepts notice on behalf of the respondents. The petitioner joined as E.T.T Teacher in Elementary School Dulat Block, Fatehgarh Churian, Distt. Gurdaspur. On being appointed vide order dated 27.6.2006, while serving in the said school, she applied for transfer vide her application (Annexure P-3). It appears that the request of the petitioner was considered and she was ordered to be transferred on mutual basis vide order dated 28.9.2008 passed by the Director Village Development and Panchayat Department (Annexure P-4) from Dulat Block Fatehgarh Churian, Distt. Gurdaspur to Basau Badwaan Block Narot Jaimal Singh, Distt. Gurdaspur. In the meantime, before the petitioner could join to the place of her posting, respondent no.2 withdrew the transfer order vide order dated 10.12.2008 (Annexure P-5) on the ground that the petitioner has secured the transfer order by concealing true facts that petitioner was CWP No. 1330 of 2009 -2- married before 8.6.2008. As a matter of fact this averment does not seem to be correct. The petitioner was appointed on 27.6.2006 and she was married on 11.7.1006 as is evident from the marriage certificate (Annexure P-2) placed on record. The transfer order of the petitioner has been withdrawn on the ground of the alleged fraud. Details of the misrepresentation of the fraud have not been indicated in the impugned order. Transfer order of the petitioner has been cancelled on the allegation of fraud without affording any opportunity to the petitioner particularly when she has been accused of playing fraud. In the above circumstances, this petition is disposed of at this stage with a direction to respondent no.2 to hold an enquiry in regard to the alleged misrepresentation and after affording her an adequate opportunity to be heard till fresh orders are passed. The impugned order shall not be implemented and petitioner shall be permitted to join the place, where she has been transferred vide Annexure P-4. (PERMOD KOHLI) JUDGE 28.1.2009 lucky