GAJENDRA SINGH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The following order of the Court was passed by Satish K. Agnihotri, J. In the present petition. the petitioner assaults the transfer order dated 31-7-2004 (Annexure P/ 1) whereby the petitioner who was working as Assistant Teacher, was transferred from primary school Panduka, block-Chhura to the primary school Gopalpur, block-Mainpur on the ground that the impugned transfer order was passed in mala fide exercise of power on the part of the respondents No. 1 and 2.

(2.) Shri Y. C. Sharma, learned counsel appearing for the petitioner submits that the impugned transfer order was passed on the basis of a complaint made by one Dharmendra Sahu. Shri Dharmendra Sahu wanted to sell some timber wood to the petitioner and since the petitioner refused to purchase said timber from Shri Dharmendra Sahu, a false complaint was lodged against the petitioner. It was further stated that the petitioner happened to have very good relations with the former Congress Chief Minister. The said Shri Dharmendra Sahu had further lodged an F.I.R. against the petitioner and one Shri Vikramaditya Sahu for commission of the offences under the provisions of Sections 294. 323. 506-B read with 34 of the Indian Penal Code, on 21-7-2004.

(3.) Learned counsel for the petitioner, on the basis of the above stated allegations submitted that the impugned transfer order is vitiated on account of mala fide exercise of powers by the respondents Nos. 1 and 2.