HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETlTlON (S) No. 4729 OF 2011 (Writ Petition under Articie 226 of the Constitution Df lndia) Single Bench : Hon‘ble Shri Satish K. Agnihotri, J. Present :- Shri Ajay Shrivastava, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the state. ORDER (ORAL) (Passed on this 18‘“ day 'of August, 201 1) 1. Challenge ln this petition is to the order dated 15.07.2011 (Annexure P4), passe‘d by the District Education Officer, Durg, whereby, the petitioner working as Upper Division Teacher at Middle School Banbarad, Block Dhamdha, has been transferred to Middle School Mahud, Block Gundardehi, on administrative grounds. 2. Learned counsel appearing for the petitioner submits that under the ransfer policy dated 13.06.2011 (Annexure P-3), it is clearly stated that the Collector atone is competent to transfer the employees beionging to Ciass—lll & lV services on proposai made by the other departments in approval of the minister in-charge. 3. ln the case on hand, it appears that the District Education Officer without following the guidelines issued in the transfer poiicy had passed the order impugned, when the Coliector has been assigned the responsibility of transfer of the employees working in the concerned district, on proposal of the concerned departments. Thus, this suffers from the defect of competence of the officer. Accordingly, the transfer is unsustainable in the eyes of law. 4. As a result. the transfer order dated 15.07.2011 in respect of the petitioner is quashed. However, liberty is reserved to the government to pass an appropriate order, if so advised, in accordance with administrative exigency and in public policy, in accordance with law. 5. Accordingly, the writ petition is allowed to the above-extent. No order asto costs. Sd/-‘ SATISH K. ANGNHIORI Judge amit PETmONER Sewak Ram Janghel Versus RESPONDENTS State of Chhattisgarh & Others