IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14279 of 2009 1. SAKALDEO CHAUBEY S/O LATE BUNDELA CHAUBEY VILL.- MURARPATTI, P.O.- KILPUR, P.S.- NAUTAN, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR 2. SECRETARY DEPTT. OF HUMAN RESOURCES AND DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN DIVISION, CHHAPRA 4. DISTRICT EDUCATION OFFICER SIWAN 5. INCHARGE HEAD MASTER CO-OPERATIVE UCHCHA VIDYALAYA, JAGDISHPUR, SIWAN 6. HEAD MASTER PREMCHAND UCHCHA VIDYALAYA, SARARI, SIWAN ----------- 3 8.1.2010 Heard counsel for the petitioner and the counsel appearing for the State. By order dated 3.11.2009 time was allowed for filing counter affidavit but no counter affidavit has been filed. Petitioner’s prayer is for quashing of the order dated 4.9.2009 contained in letter No. 837 issued by the Regional Deputy Director of Education, Saran Division, Chapra, whereby the transfer order dated 22.8.2009 contained in memo no. 798, whereby the petitioner was transferred on the post of Clerk from Cooperative Uchcha Vidyalaya, Jagdishpur, Siwan to Premchand Uchcha Vidyalaya, Barari at Siwan has been stayed. Petitioner, who was posted on the post of Clerk was transferred to Cooperative Uchcha Vidyalaya Jagdishpur, Siwan in the year 2004. As stated in the writ application, petitioner’s 2 harassment started after the retirement of permanent Headmaster Shri Biresh Dutta Tripathi and upon his retirement Sri Suresh Yadav became Incharge Headmaster. Since the petitioner refused to obey the illegal orders of the Incharge Headmaster, he was tortured in different ways. Subsequently a permanent Headmaster Mr. Suleman came and continued up to February, 2008 and thereafter he superannuated. After Sulleman’s superannuation again Sri Suresh Yadav became Incharge Haeadmaster. A criminal case was also instituted against the petitioner and his son. Thereafter the petitioner represented before the District Superintendent of Education and Regional Deputy Director of Education for his transfer to some other School and he was transferred to Prem Chand Uchch Vidlayay, Barari at Siwan against the sanctioned post of clerk but immediately thereafter the Regional Deputy Director of Education issued letter dated 4.9.2009 staying the transfer order on the ground that a criminal case which is pending against the petitioner, investigation of that case may be affected on account of his transfer. Considering the fact that investigation of criminal case does not require presence of accused at the place of occurrence. It is the duty of the investigating Officer to collect the materials. It can very well be done 3 even if the petitioner is transferred to some other place. The transferred place presumably is not at a very long distance from the place of occurrence. There was no reason for staying the transfer order on this pretext. Accordingly, the impugned order dated 4.9.2009 contained in Annexure-5 staying the order of transfer is quashed. The application is allowed. Petitioner is going to retire in the month of October, 2010 as such the Incharge Headmaster is directed to transfer all connected records relating to the service of the petitioner, to his transferred place, without any delay. (Mridula Mishra,J.) A.Kumar