IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.374 of 2011. Vijay Kumar son of Late Banwari Singh, R/o village + P.S. Chhatihar P.S.Hisua, Dist.Nawadah, at present posted and working on the post of Headmaster, Middle School, Garo Bigha, Narhat, District Nawadah…. Petitioner. Versus 1.The State Of Bihar. 2.Director, Primary Education, Govt. of Bihar, Patna. 3.R.D.D.E.,Gaya. 4.Dist.Superintendent of Education, Nawadah. 5.District Magistrate, Nawadah… Respondents. ----------- 2. 14.07.2011 Heard the parties. While facing a departmental proceeding during which the petitioner was placed under suspension also, he was subjected to a transfer as Head Master from Middle School Hisua to Middle School Garo Bigha, Narhat in the district of Nawada. The petitioner obeyed the order of transfer and after reinstatement, he is working in that School. His challenge to that transfer before the departmental authority has failed and the writ court has also refused to entertain by order dated 3rd January 2011 passed in C.W.J.C.No. 4808 of 2010. The writ court has considered the background materials under which the petitioner was subjected to transfer and considering those materials and the fact that transfer order was passed in 2008 whereas the writ petition has been preferred in 2010,the writ petition was dismissed. On behalf of the appellant/writ-petitioner, a submission has been advanced on the basis of Nationalized Elementary School Teachers (Transfer)Amendment Rules 2009 that even after such amendment the power to transfer of teachers or Head Master like the petitioner is dependent upon direction to be issued by the Director, Primary Education, Govt. of Bihar and not solely upon the District Superintendent of Education. From the impugned order of transfer contained in Memo No. 3005 dated 16th September 2008 2 issued by the District superintendent of Education, Nawada it appears that the matter has received attention of the District Magistrate as well as of the School Education Committee, Middle School, Hisua, but there is no mention of any direction from the Director, Primary Education. In such facts and circumstances, in our view, the matter relating to transfer of the petitioner must receive attention of the Director, who will examine all the relevant facts and circumstances and, if necessary, ask for the opinion and recommendation of the concerned district officials or the higher officials of the Education department as required by the Rules and then issue necessary orders or direction in accordance with law addressed to the District Superintendent of Education, Nawada or if the said post has been abolished, then to the successor in the Office of the District Superintendent of Education. Such decision should be taken within a period of 3 months from the date of receipt/production of copy of this order before the Director. The impugned order of transfer in respect of the petitioner shall abide by a fresh decision to be taken by the Director and it is expected that the present order of transfer will not prejudice the authorities in taking a fresh decision in accordance with law. If the Director comes to an opinion that no decision can be taken within the time granted by this Court, then he will pass suitable orders treating the impugned order of transfer to have been quashed. The appeal is disposed of accordingly. Jay/ (Shiva Kirti Singh,J) ( Shivaji Pandey,J)