@ § W7a”; gm Emmh BEFORE HON’BLE HIGH COURT OF CHHATHSGARH AT R.K‘Shrirange aged about 57 years, ~¥ Assistant Teacher, Primary SchooL Singdai, District Rajnandgaon (C‘G.) VERSUS / RESPONDENTS : 1. State of Chhattisgarh, Through: the Secretary, School Education Department, Rajnandgaon, District Rajnandgaon (co) WRrr PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. BILASPUR WRIT PETmON (S) No.603?’/2011 /’ PETmONER : Smt Uma Shrirange W/o Shri , ® {5/5\ ...... ...... ak‘ @p. y .fQG \'\ . xywm-o ’i} '." é tw/‘A Department, Bhawan, (0G) 2. / Collector, Rajnandgaon, Raipur District - Rajnandgaon (C.G.) 3. ”f District Education Officer, HIGH COURT OF CHHATTISGARH : BILASPUR X WRIT PETITION (5S) No. 5077 OF 2011 PETiTiONER Smt. Uma Shriranae Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Article 226 of the Constitution of india) $ingie Bench : Hon‘bie Shri Satish Ki Agnihotri, J. Present :- Shri Anup Majumdar, Advocate for the petitioner. Shri Arun Sao. Government Advocate for the State. ORDER (ORAL) (Passed on this 02'“ day of September. 201 1) kn iii. 1. Learned counsel appearing for the petitioner submits that under the we transfer policy dated 13.06.2011 (Annexure P-2), it is clearly stated that the Collector alone is competent to transfer the employees betonging to Class-Ill & lV services on proposal made by the other departments in approve! of the minister in~charge. 2. 1n the case on hand, it appears that the District Education Ofhcer without foiiowing the guidelines issued in the transfer policy had passed the order impugned, when the Coliector has been assigned the responsibiiity of transfer of the empioyees working in the concerned district, on proposai of the concerned departments. Thus, this suffers from the defect of competence of the officer. Accordingly, t. K. the transfer is unsustainable in the eves of law. 3. As a result, the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. However, iiberty is reserved to the government to pass an appropriate order, if so advised, in accordance with administrative exigency and in public policy, in accordance with law, 4. Accordingiy, the writ petition is allowed to the above-extent. No order WW asto costs. Sd/- SATISH K. ANGNIHORI aShOk Judge