PADAM SINGH CHAUHAN S/O RAM SHARAN SINGH, HEAD MASTER, PRIMARY SCHOOL AMIYAWALA Vs. ADDITIONAL DISTRICT EDUCATION OFFICER (BASIC) AND ORS.

JUDGEMENT

(1.) HEARD Smt. Gaura Devi Dev, learned Counsel for the petitioner and learned Standing Counsel State of Uttarakhand for the respondents. By means of this writ petition, the petitioner has prayed for the following reliefs:

(2.) VIDE order dated 5th December, 2006, the petitioner, who was working as Head Master, Primary School, Amiyawala, Block Jaspur, has been transferred to Primary School, Amritnagar II, Block Gadarpur by the Additional District Education Officer (Basic), Udham Singh Nagar.

(3.) THE first ground that the transfer order has been passed during the course when the Code of Conduct was enforced, in view of Assembly Election in the State of Uttarakhand, has lost the relevancy because of the fact that now Code of Conduct is not in force. So far as the second ground is concerned, the same has force. There are catena of judgments wherein the Hon4ble Supreme Court has held that the transferring authority must pass order of transfer after applying his mind and not on the dictate of some other person.