IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3695/2011 Reserved on: 5.8.2011 Decided on:19.8. 2011 _____________________________________________ Ramji Dass. …Petitioner. Versus State of H.P. and others. …Respondents. ______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Surinder Thakur, vice Mr. P.P. Chauhan, Advocate. For the Respondents: Mr. R.P. Singh, Asstt. A.G. for respondents No.1 to 3. None for respondent No.4. ___________________________________________________________ Justice Rajiv Sharma, Judge. Petitioner remained posted in Government Senior Secondary School, Shogi with effect from September, 1989 to April, 1995, Government Senior Secondary School, Kuthar, Solan with effect from April, 1995 to September, 1998, Government Senior Secondary School, Pattah Mehlog with effect from September, 1998 to April, 2008. He joined his duties in Government Senior Secondary School, Chandi on 21.4.2008. 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 2. Annual Prize Distribution function of Government Senior Secondary School, Chandi was held on 13.2.2011. According to the averments contained in the reply filed by the respondent-State, petitioner under the influence of alcohol misbehaved and resisted medical examination by motivating students and parents against the administrative machinery. It is alleged that he delivered anti-Government statements and criticized the public representatives and some of the Government Departments. The fact finding inquiry was held by the Director of Education on 26.2.2011. Petitioner was put under suspension on 21.3.2011. A memorandum was issued to the petitioner on 21.3.2011. Thereafter, petitioner’s suspension was revoked on 11.5.2011 and he was transferred from Government Senior Secondary School, Chandi to Government Senior Secondary School, Majohi-Tipper, District Shimla. 3. Mr. Surinder Thakur has strenuously argued that the transfer of the petitioner is actuated with legal mala fides. 4. Mr. R.P. Singh, learned Assistant Advocate General has vehemently argued that the transfer of the petitioner is in larger public interest. 5. I have heard the learned counsel for the parties and have perused the pleadings carefully. 3 6. Petitioner was serving as Principal in Government Senior Secondary School, Chandi, District Solan. It is apparent from the memorandum dated 21.3.2011 that petitioner misbehaved on 13.2.2011 by criticizing the Government functionaries under the influence of alcohol and also resisted the efforts of the Government functionaries to get him medically examined. The Principal is an important functionary of the School. He is supposed to be role model for the entire students’ community. The conduct of the principal should be above board. He is required to maintain discipline. The allegations levelled against the petitioner, as per memorandum dated 21.3.2011, are serious in nature. The suspension of the petitioner has already been revoked on 11.5.2011. He has completed his normal tenure in Government Senior Secondary School, Chandi. The transfer of the petitioner has been effected in larger public interest and also to promote discipline amongst the principals and teachers serving in Government Schools. Petitioner has failed to substantiate the plea of mala fide. It is settled law that the plea of mala fide is required to be pleaded and proved. The record was also directed to be produced and the same was produced and after perusal of the same, the Court is of the considered opinion that there is no 4 illegality or unreasonableness in the order of the respondent-State whereby the petitioner has been transferred from Government Senior Secondary School, Chandi, Solan to Government Senior Secondary School, Majohi-Tipper, Shimla. 7. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs. (Justice Rajiv Sharma), Judge. 19.8. 2011 *awasthi*