BRAHMA DUTTA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was teaching as Lecturer in Chemistry in Government Inter College, Agra. By order dated 23.8.2000, he was transferred to Government Inter College, Mainpuri, on administrative grounds. The wife of the petitioner made a representation to the Revenue Minister who wrote a letter on 19.9.2000 to the State Education Minister if he would issue orders for cancellation of petitioner's transfer. On 21.9.2000, the State Education Minister directed the Director, Madhyamik Shiksha to submit a report and cancel the transfer of the petitioner. This writ petition has been filed by the petitioner for a direction to respondents to implement the order passed by the State Education Minister. The other relief claimed is that the respondents have deducted a sum of Rs. 1,634 from the salary of the petitioner for loss of one steel almirah without any inquiry.

(2.) Shri R. C. Katara, the learned counsel for the petitioner has vehemently argued that once the State Education Minister wrote a letter to the Director of Education to cancel the transfer order of the petitioner, the Director was under statutory duty to cancel the transfer order dated 23.8.2000 passed against the petitioner. The other argument of the learned counsel for the petitioner is that the respondents without inquiry and serving him an order of recovery could not have deducted Rs. 1,634 from his salary.

(3.) On the other hand, Smt. Chitralekha Satsangi, the learned standing counsel has urged that the petitioner did not make any representation to the Director or to the State Education Minister. The wife of petitioner did make a representation to the Revenue Minister who wrote a letter to the State Education Minister, to cancel the transfer order. She urged that in law, wife of an employee could not make any representation for staying the transfer of her husband. It is the employee himself who has to make to the concerned authority for cancelling the transfer.