SHEIKH WAHID Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the transfer order dated 15.07.2011 (Annexure P/1) whereby the petitioner, working as Head Master at Primary School, Tikrapara, Basna, was transferred to Primary School, Baigapara, Block Bagbahara, within the same District Mahasamund, on administrative grounds.

(2.) SHRI Tripathi, learned counsel appearing for the petitioner would submit that the petitioner was working as Head Master and has completed the age of 59 years. Without any proposal, under the advise of respondent No.4, who had threatened the petitioner earlier also, the petitioner was transferred, and in his place, the respondent No. 5 was transferred. SHRI Tripathi would next submit that the impugned transfer is mala fide exercise of power as the same was not approved by the Minister-in-charge, and further, the transfer has been made in the mid academic session. The impugned transfer is punitive in nature and contrary to the provisions of the transfer policy of the State.

(3.) NONE appears on behalf of respondent No. 5, despite service of notice.