IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 708 OF 2008 DATE OF DECISION: January 30, 2008 Parties Name Maya Devi ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH PRESENT: Mr. Ravinder Malik, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana, for respondents No. 1 to 3. JASBIR SINGH, J. (oral) Order. By filing this writ petition, petitioner has laid challenge to his transfer Annexure P-2 from Government Primary School, Basaulan, to Government Senior Secondary School, Khoi Bhagni, which was passed by Block Education Officer, Panchkula, on November 29, 2007. Before this Court, it was contention of counsel for the petitioner that appointing authority of the petitioner is the District Education Officer and as such Block Education Officer was not competent to effect his transfer. Be that as it may, in response to the notice issued by us, reply has been filed, wherein reasons have been given for transferring the petitioner from one place to another. Relevant portion of the reply reads thus: “3. That the Principal Govt. Senior Secondary School, Basaulan made a written complaint to the Station House Officer, Pinjore about unbecoming behaviour of the petitioner for throwing school articles to and fro. The Principal was present there at that time. She abused to the Principal and other members of Staff. When she left the school, she threw stone on the main gate of the school and left the school abusing the Principal and other Staff members. The copies of the same were sent to the Block Education Officer and District Elementary Education Officer, Panchkula for information and necessary action. Thereafter, a DDR on 23.01.2008 was registered against the petitioner in the Police Station Pinjore. The copies of D.D.R. And complaint of the Principal are annexed as Annexure R-1 and R-II. 4.That the answering respondent on 26.11.2007 wrote letter to the District Elementary Education Officer, Panchkula against the petitioner. In this letter it was mentioned that the behaviour of the petitioner against her staff is not good. Many times she was asked to maintain Discipline but she was not doing the same. The petitioner would come in the class and she sleep sitting on the chair in the classroom. She was not taking interest for teaching the students. On 22.11.2007, she misbehaved with the Principal of the school and made injury on the hand of the Principal. 5.That thereafter the answering respondent took telephonic permission from respondent No. 2 for her transfer and thereafter wrote letter on 3.12.2007 to the respondent No. 2 about the ex-post facto permission about the transfer of the petitioner. The respondent No. 2 gave the approval of the ex- CIVIL WRIT PETITION NO. 708 OF 2008 -3- post facto permission for the transfer of the petitioner on 04.12.2007 from Govt. Senior Secondary School, Basaulan to Govt. Senior Secondary School, Khoi Bhagni in the interest of smooth functioning of the institution. Because the Principal, Govt. Senior Secondary School, Basaulan made complaint many times against the petitioner, the transfer of the petitioner was made on the administrative ground and for the smooth running of the studies of the students. The present writ petition is devoid of merits and deserves dismissal.” It is also apparent from the records that the transfer was effected on asking of the Director, Elementary Education, Haryana, who is head of the Department, and ex-post facto permission was also granted by that officer on a letter written by the Block Education Officer. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge ( Jaswant Singh) January 30, 2008. Judge DKC