P. S. SHASTRI Vs. PRINCIPAL, GUJARAT COLLEGE, AHMEDABAD

JUDGEMENT

(1.) The petitioner is serving as Assistant Librarian in Central Library at Gandhinagar. By order dated March 6, 1990 passed by respondent No. 3 herein, he has been transferred as Assistant Librarian in the Gujarat College, Ahmedabad. Pursuant to this order he has been relieved from the post he was holding in Central Library, Gandhinagar. However, respondent No. 1- Principal, Gujarat College, did not allow him to resume duty. Hence the petition.

(2.) The petitioner prays that respondent No. 1 be directed to permit him to resume duty as Assistant Librarian at Gujarat College, Ahmedabad. Learned counsel for the respondents states that according to respondent No. 1 such transfers, and that too the urgent transfers, cannot be ordered without consulting the head of the institution concerned. It may be so. But as far as the petitioner is concerned, he has been relieved from the post where he Was working. He is not at fault. On account of the alleged or assumed procedural defect in passing the order of transfer the petitioner cannot be made to suffer.

(3.) It is directed that, pursuant to interim order the petitioner who has been permitted to resume duty as Assistant Librarian in Gujarat College will be allowed to perform his duties as Assistant Librarian of Gujarat College till the decision is taken by the Director of Higher Education. It is further directed that if the Director of Higher Education is to take any decision affecting the transfer of the petitioner to Gujarat College, he will afford an opportunity of being heard to the petitioner.