B L NAGELE Vs. STATE OF M P

JUDGEMENT

(1.) Heard .

(2.) This petition under Article 226 of the Constitution of India is filed seeking indulgence of this Court in the matter of posting of respondent No. 6 in Government Higher Secondary School, Badoni. It is submitted that petitioner is working as Principal of aforesaid school. On 25/9/2009 while the petitioner was working as Principal of said school, respondents No. 6 who was an Assistant Teacher had hurled abuses on the petitioner and also physically assaulted him. That led to filing of a complaint as regards insubordination and indiscipline against respondent No. 6 addressed to the Collector and CEO, Janpad Panchayat. CEO, Janpad Panchayat upon due application of mind had suspended respondent No. 6 and attached him to Janpad Panchayat, Datia. However, at a later point of time on his representation, respondent No. 6 was reinstated by the Collector and was posted at Government Higher Secondary School, Uprai. During all this period, the enquiry against the petitioner has been in progress and is still pending. However, with the intervention of Minister concerned, respondent No. 6 has managed his posting back to Government Higher Secondary School, Badoni though Annexure P/4 dated 4/8/2011 shows that action of posting the respondent No. 6 was initiated on the basis of noting of Minister concerned but in note 3 it is also appended that enquiry against the respondent No. 6 is still pending. Further petitioner has been directed to join on the post without any order passed in his favour transferring him to Government Higher Secondary School, Badoni. It is submitted that aforesaid events demonstrate the fact that respondent No. 6 has been successful in managing back his posting so that he may influence the pending enquiry against him. Under such circumstances, as a matter of fact, when an enquiry has been initiated against respondent No. 6 on the complaint of petitioner of the nature of criminal offence vide complaint dated 25/9/2009, the posting of respondent No. 6 on direction of Minister at Government Higher Secondary School, Badoni may influence the enquiry, therefore, in such circumstances, it is prayed that order Annexure P/4 be quashed.

(3.) Per contra, State counsel submits that pursuant to passing of order Annexure P/4, petitioner made a representation (Annexure P/5) dated 5/8/2011 and the Court may direct the District Education Officer and also to the Collector to look into the petitioner's representation and decide the same in accordance with law in backdrop of facts and circumstances of the case.