i (W2; -^^g. ^ BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No^W9> /2011 PETITIONER ^-.^ A^^'^ )'> X--''V^--'' ..••' ^-^^ ./' <? ^ ^.-^ ^ ..-<VA ^^ ^..^-...••••• ^ Lokeshwar Prasad Soni S/o Shri •'P' Khedu Prasad Soni, aged about 47 years, Upper Division Teacher, Govt. Pre- Middle School, Dudiya, Gunderdehi, District Durg (C.G.) VERSUS RESPONDENTS : 1. State of Chhattisgarh, Through: the Secretary, School Education . Department, Department, D.K.S. Bhawan, Raipur (C.G.) 2. Collector, Durg, District Durg (C.G.) 3. District Education Officer, Durg, District Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. HiGH COURT OF CHHATTISGARH : BILASPUR WRiT PEimQN ?S) No. 4943 OF 201 1 PETiTIONER LoKeshwar Prasad Soni RESPONDENTS State of Chhattisflarh & Others s^k (vVrit Petitlon under Articie 226 of the Constltution of india) Single Bench : Hon'bie Shri Satish K. Agnihotri, J. Present:- Shri Anup Majumdar, Advocate for the petitioner. Shr! Arun Sao. Government Advocate for the State. r^pHsro /r^p^ii ^ s^r\i-/sr\ i^^QL.f-u^ (Passed on this 27"' day of August, 2011) Learned counsei appearing, for the pefitianer submits that under the transfsr poiicy dated 13.08.2011 (Annexure P-2), it is cieariy stated ihat the Coiiector alone Is competent to transfer the empioyees beionging to Class-Sii & iv services on proposai made by the other dspartments in approval of the minister in-charge. !n the case on hand, it appears that the DistricS Educstion Officer without roliowing the guidelines issued in the transfer poiicy had passed the order impugned, when the Coiiector has been assigned ths rssponsibiiity of transfer of the empioyees v/orking in the concemed distriet, on proposai of the concerned departments. Thus, thls suffers frorri the defect of competence of the officer. Accordingiy, the transfer is unsustainabie in the eyes of law. As a resu't the transfer order dated 15.07.2011 (Annexure P-1) in rsspect of ths petitionsr is quashed. However, liberty is reserved to ihe govemment to pass an appropnate order, if so advised, in accordance wit" aoministraavs sxagency ana in puoiic poiicy, in accordance with iaw. Accordingly, the writ petition is ailowed to the above-extent. No order asto costs. Sd/- SATOSH K. ANGNIHORI Judge