® 65 IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. W.P.(S)No. ^6%<2> 2011 Singla Bench PETITIONER .>' ^%> ^:^<^ ^y/^v ^•^' /\ry ^f ^ ^yy ^RESPONDANTS Keshao Prasad Dubey aged 55 years, Son of late Shri Ramla! Dubey. Upper Division Teacher, Middle School Sahaspur Dalli, Tahsil and District, Rajnandgaon, (C.G.) VERSUS 1. The State Govt. of Chhattishgarh, Through the Secretary, School Education Department, D.K.S., Bhavan, RaipurC.G. 2. The District Education Officer, Rajnandgaon, C.G. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FQR ISSUANCE QF WRJT &F MANDAMUS, DIRECTION OF ANY OTHER APPROPRIATE WRIT. ...dssast..^ °^x /•^^ ^ i^s^s^ i VRIT PEn'HQN (S) No. 4683 of20U pE'nnoNER Vf!'l Tfae State Govt. of Chhattisearh & TtlT PETH'IDN UNDER ART1CLE 226 OF IHE CX)NSITronON OF DsB?IA SB: Hon'ble Siiri Satisfa K. Aamii< 4. Ajay £?iin' Advocate for the petitioner. ahir, Panel La'nyer for the State/ (Passed on 16 day ofAugiist, 2011) ^hallenge in this petition is to the order dated 15.07.2011 (Annexure P/l), whereby the petitioner worldng as Upper Division Teacher at Middle School, Saliaspur, Dalli, has been transferred to Middle School, Lalutola, Chhuriya, District Rajnandgaon. submits that the transfer policy dated 13.06.2011 cieariy states that tfae Co!3ector alone is competent to transfei- the employees belonging to class III aad class IV services on proposal made by the departments in the approval ofthe minister-in-charge. In the case on haiid, it appeai-s tiiat tiie District Education Officer witiiout following the guidelines issued in the fransf'er policy, had passed tiie impugned ordei, when the Collector has beea assigiied the responsibility of trajistei' of the employees working in tiie concemed district, on proposal of the concemed departments. Thus, Ais sutlers from the defect of competence of the oflicer. Accordingly, the trausfer is unsustainable in the eyes oflaw. As a result, the'transter order dated 15.07.2011 in respect oftlie petitioner is quashed. However, liberty is resei'ved to the govemmeat to pass appropriate order, ifso advised, ia accordance witli law, in adminisfrative exigency and ia pubiic interest. Accordingjy, the writ petition is allowed to tiie above extent. Aiuit Sd/- SATISH K. ANGNIHORI Judge