<^^ ><^-) BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0 . m^ /2011 PETITIONER ^1^0^^. '^^^ ?<s°-, ..•••"'<A I " . RESPONDENTS : / Deocharan Kashyap, S/o Late Shri Paranoolal Kashyap, aged about 58 ^ years, R/o Ashirwad Colony, Ward '\ '^'••^'^' No. 39, Kaurinbhata, Rajnandgaon, \-"' District Rajnandgaon (C.G.) VERSUS 1. StateofChhattisgarh, Through: the Secretary, School Education Department, Department, D.K.S. Bhawan, Raipur (C.G.) ^-2. Collector, Rajnandgaon, District Rajnandgaon (C.G.) 3. District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) A. Shri Madhu Kumar Sinha, Head Master, Primary 'School Bamhani, District - Rajnandgaon (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CQJ^JSTJTUTION OF INDIA. The above named Petitioner respectfu'ly submits as under:- 1. PARTICULARS OF PETITIONER As mentioned in the cause tifle. 2. PARTICULARS OF RESPONDE^NTS ~As mentioned in the cause title. ^b^ -il.H SSfcS %S€^ ,f& x^ :\. /^. mGH COIJRT OF CHHATTISGASH AT B1TASPIJR WRTT PETmON ('S) No. 4413 of201 1 ri:,TU'IONEJ< : Dsociiarau Kashyap. VERSIJS RE.SPONDENTS : StateofChhattissarh&Others. WRn PETmON LVA226 OF THE CONSTrrUTION OF INDIA SB: Hon'ble K. Present: Shri Anup Majumdar, Advocate Shri S.K.Mishra, Paiiel Lawysr for the State/respondeat to 3. o (Passed oa 20'"- day of September, 2011) 1. Challenge in this petition is to the orster dated 15.07.2011 (Aimexiire P/'l) whereby tfae petitioaer, working as Hea.d MastCT at Primary School, Chaukhadiva Para, Ra.inandeaon, has been transfeiTed to Prima" Schoo! San.giBkachhar. Donea.rga.on, on administrative srouads. 2. Leamed counsel aooearins for the oetitioner submits that under the transfer oolicv dated 13.06.2011. it is clearlv stated that. 'the Collector alone is comoetent t.o transfer the emDlovees belonems to class III and cla-ss IV services, on proposal made by thc departmeats ia approval ofthe mmist.er-in-charge. 3. In the ca.se on hand, it appea.rs t.hat the District. Education Qfficer, Rainandeaon. without followine the -giiidelines issued in the transfer oolicv. has oassed the imouefied order. when the Collector has beea assi.gned the responsibilitv of traasfer of the emplovee workine in the concemed district.. on orooosal of the concemed denartments. Thus. this suffere from the defect ofcomoeteace of the ofScer. Accordmelv. the transfer is itasustaiaable in the eves of law. 4. As a result the traasfer order ciated 1-5.07.2011 i'Annexiire P/'l~> m respect of the netitioaer. is auashed, However. libertv is resen]'ed to the Govemment to oass aoorooriate order. if so advised. in accordance with law, in administrative exigency and in public itit.erest.» 5. A-ccordinelv. the 'writ oetition is allowed to fe above extsat. Satish K. Agnihotri Judge