f-.^,: f (".. 1 'l s. (S "^A i ^A 'v ^y •S-^V' '3^ •^IIKII, ®Ti1y'ie,[qCTiyy ^ x^ >^/..^- / o" SiI^I'T^? ('^fp^1!) r3I1^[TllR7 TOIIW ^lfBff W^l WF Petitioaer Tulsirata about Superi4tendent/Uppej Ashraid Respondents 1. State ofl Departn|eiit Raipur fl 2. TheCoUt 3. The Assifetant Dautewi 4. The Dimrapa (CG) 5. Jaikant Ashram Dantew^ 6. TIubarui Mahatml Distnct) S.B Hon'ble Shri Dhirendra 27.1.2009 Mr. HS Patel, learaed Mr. Paakq Shrivastava, The iustaitt petition 29.8.2008 (Aimexure P/1) wh Upper Division Teacher at transferred to Mahatma Gaai ^f^^-'iy'f WRTf ^T ts^ if^]<$i< ^? SffiPT 3Ilt?I fslNO. 251 OF 2009 Khote Son of Jaysitram. Khote, aged 42 years, workiag as itendent/Upper Division Teacher ofBalak Chiatahiar, DMtrict Dantewada (CG) Versns Chhattisgarh, Through The Secretaiy, ofTribal Developiaent, DKS Bhawaa, ;G) ;ctor, Soufh Bastar Daatewada (CG) Commissioner, Tribal Developmsut, da, District Soufti Bastar (CG) Sec^etary, Mata Rukmanl Sewa Sansthaa, ap8|ral, Distdct South Bastar Dautewada |Maadal, Upper Division Teacher, Balak BadekUapal, District South Bastar (da (CG) ^am Kashyap, Assistant Teacher, ^ Gandhi Kaaya Ashram Chhindgarh, pouth Bastar, Datewada (CG) JBfcshra.J cotmsel for the petitmner. leamed PL for the State. [s directed agaiast fhe order dated Ijereby fhe petitioner, who was posted as palak Aashram Chiutalnar, has been ^hi Kanya A^hram, ChhiTidgarh, aiid —7S 3ii^rqnft;fN? wiTsii^rgmw ^si •<fwwt\,yal'M'is, fqoi'H'ii sn^w<w> TOirw^itosn^i orderdated 16.12.2008 (Aane: to haud over tlie chai^e to onc at Mahafana Gandlu Kanya Aa be drawn fix>m Mahatma This is fhe second n No.5516/2008 was disposed 30.9.2008 wifh Uberty to representatiou against the respondent No.4 was directed period offour weeks. Respondi subnaitted by fh.e petitioner P/9). Mr. Patel, learaed couns fhat respondent No.4 did no stipulated period aud passed representatiou was pendiag. t menace, it is not possible ti petitioner has been malaGdelyj Aashrani, Chhind^rh, which place of posting; aad his re^ considering the grouads laken report of Aiuiexure P/13 oi\ Developinent Bk>ck Konta, i1 irregularily was discovered .ij cM<i^*t1*1 ^i^cik* ^f TS^ <.f<n<^i< ^aifinsn^t ae^ure P/8) whereby he has been directed Tibruram Kashyap aad give his joiniag ^hram., Chlundgarh and his satary shall ad|u Kanya Aashrain, Chlundgarh. |>und of litigation.. His eariier WP(s) of by this Court vide order dated |the petitioner to inake a detailed tr4usfer order of Annexure P/ 1 and the to decide the representatiou wifhin a ^nt No.4 has rejected fhe representation vjide order dated 20.12.2008 (Aiuiexure (el appearmg for the petitioner submits |t decide his representation withia fhe the order of Aiuiexure P/8 while his (e further submits that due to naxatite j) run fhe school at Chhiadgarh, fhe |transferred to Mahatraa Gandhi Kanya fs about 120 km away fi?om his present [resentatiou has been rejected wifhout |by him ia his representation. From fhe fhe Bk>ck Educatioii OfBcer, Tnbal would be evident fhat no fmaacial .4i fhe school where fhe petitioner is —78 ani?iw n;-ti<* Wn Sf^ff i8)^iqi 'TST'<ll<1l<yt<1,yil1y'l<o, fqMI'My STI^I'T?^ ('yf^^t;) Ilis abclve presenffy posted. The school ^ Base Caiap, Doraapal. I have heard leamed mexao of Aiuiexure P/9 dated| by respondent No.4, whereby Froin perusal of fhe Aashram. nm at Doranpal bj oi^anization. AB fhe schools distance pls.ces. It also app^ before passing of fhe impugae^ It is settted law fhat but also a condition of servieel a PubUc Undertakiug or right to be posted at any Court should ordinarily notj jurisdiction of fhe State in. fhej the Constitution of India unle^ inala&de or that the service authorities, who issued the| aufhority to pass such iaterfere wifh the transfer arbitrarily or Bialafidely or in| fhe rules govemiag the ta-ansf^: cofansel ordelrs orider <t)l^cf4t'l 'RTO^ff ^f fe^ <f^i^i< ^sffinsiiin t Chiutahiar is being successfuUy run at for the petitioner aad perused the 20.12.2008 addresscd to the petitioner 4is representation has been rejected. luenio, it is observed ttiat there is uo respondent No.4, which is a private |run by respoudent No.4 are located at [ais fhat fhe petitioner was consulted Siorder. is not only an incideuce of service No Govenuuent servaat or employee of of aay organization has aay legal place or place of his choice. The interfere in exercise of discretionaiy niatters of trausfer under Article 226 of ts fhe Court finds fhat either the order is itules prohibit such tiansfer, or that the transfer orders, were not coinpetent The Courts shoyld ordinarily not uiiless the trausfer oider is issued violation of auy opcrative guideHnes or teabsfer einpfoyee part|icular B"" s .--si^t- ^ST'<<i<iid^, ®ii1'M'l(o,f°<ctiylj,< ^t'q^^' ( SII^I VI M'ti 'cTSTT 3TT^?F ^rtfW c-l reasoils For fhe aforesaid petition is without substaace, adnussion sta§eitselfand is Cousequentfy, IA No.Ol l=ht<l^*i1l 'RW?ff ^ 'f^st' <f^^I< «frsifiCT3n^r >, I am. of fhe opiaion fhat the instaut the sam.e deserves to be dismissed at the a<(cordingfy, disnussed, ^taiids disposed of. ___ Sd/- Dhteendra Mishra Judge |