D.P. MANHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner impugns the order dated 26th August, 2009 (Annexure P/1) whereby the petitioner working as Incharge, Block Education Officer, Mainpur, District Raipur has been transferred as Junior Principal at Government Girls High School, Mainpur, District Raipur.

(2.) THE indisputable facts, in brief, are that earlier on 20th June, 2008 (Annexure P/3) the petitioner, posted as Incharge, Block Education Officer, Sonhat, District Koria, was transferred to Mainpur, District Raipur in the same capacity. By the impugned order, the respondent No. 4 has been transferred and posted at Mainpur, District Raipur, as Incharge, Block Education Officer, and the petitioner has been transferred to the post of Junior Principal, Government Girls High School, Mainpur, District Raipur.

(3.) I have heard learned counsel appearing for the petitioner, perused the pleadings and documents appended thereto. The petitioner has not questioned the impugned order on the ground of mala fide exercise of power by a particular officer. There is a general allegation of mala fide and favoritisms. There is no allegation of lack of competence of the officer passing the order, or breach of any statutory rules or regulation. The impugned order whereby the petitioner has been transferred as Junior Principal, Government Girls High School, Mainpur, from the post of Incharge, Block Education Officer, Mainpur, does not seem to be irregular or in breach of any statutory rules or regulations. The vague allegation of favoritisms and mala fide have not been proved strongly. The contention of the petitioner that the impugned order has been passed to accommodate the respondent No. 4 is misplaced as in case of transfer, if one employee is posted at a particular place, the person occupying the said place is always replaced and posted at some other place. The respondent No. 1 has considered the difficulties faced by the respondent No. 4 on the ground of having been posted for about 17 years in a naxal affected area i.e. Dantewada. It appears that the respondent No. 1 has rightly considered the application and posted him at Mainpur.