NANDA CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Sandeep Kothari, learned Advocate for the petitioner and Mr. Vikas Pande, learned Standing Counsel for the State Government, and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The proceedings under challenge, in this writ petition, is the Office Order dated 26.06.2019, whereby the petitioner was transferred on administrative grounds from the post of Deputy Education Officer, Augustmuni, Rudraprayag to the Directorate of Elementary Education of Uttarakhand, Dehradun. This order was passed on administrative grounds by the Secretary, Secondary Education Department. The said order records that the petitioner was negligent in the discharge of her duties; she was indisciplined, her behaviour was irresponsible; she was not obeying orders of higher authorities; and she was discharging duties as per her own wishes. The said order thereafter records the District Magistrate, Rudraprayag, by his letter dated 15.11.2018, 30.05.2018 and 16.02.2019 and in terms of the recommendation made by the Director, Elementary Education, to have recommended transfer of the petitioner with immediate effect; and, therefore, the petitioner was transferred on administrative grounds and was attached to the Directorate of Elementary Education, Dehradun.

(3.) This order of transfer dated 26.06.2019 is questioned in this writ petition on the following grounds:- Firstly, that, in compliance with the proviso to Section 18(4) of the Uttarakhand Annual Transfer For Public Servants Act, 2017, the authorities ought to have caused an enquiry; and they should have recorded their, prima facie, conclusion thereafter regarding the misbehaviour or negligence in the discharge of her duties by the petitioner; the impugned order does not record an enquiry having been caused; even otherwise, in terms of the proviso to Section 18(5) of the said Act, approval of an officer one rank higher than the competent authority should have been obtained; and since the competent authority, in the present case, is the Secretary, Secondary Education, approval of the Chief Secretary ought to have been obtained in compliance with the proviso to Section 18(5) of the Uttarakhand Annual Transfer For Public Servants Act, 2017 before effecting transfer of the petitioner.