RAMASHANKER TIWARI Vs. THE STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India was initially directed against the order dated 26.5.2014 by which the petitioner was transferred from the post of Principal High School, Kalara, Berasiya, district Bhopal to Government High School, Sarsai, District Bhind on the grounds that the order of transfer was issued by an authority not competent to do so. There was no administrative exigency to transfer the petitioner during the period of ban imposed on the transfers. The procedure as laid down under the policy of the State Government for effecting such a transfer during the period of ban was not followed. The petitioner was posted in the present place of posting in the month of October, 2013 and, therefore, there was no occasion to transfer the petitioner within such a short time. Lastly, the petitioner was in fact posted in a higher secondary school though was substantively holding the post of Principal of high school. Therefore, transfer of the petitioner was not just and proper. There were certain personal difficulties, which the petitioner had pointed out, but the same were not considered.

(2.) During pendency of this petition, the petitioner was suspended vide order dated 17.7.2014 and calling in question the said order, an amendment was sought in the writ petition. The amendment has been allowed vide order dated 21.8.2014. It is contended that the suspension order is issued only on account of not complying with the order of transfer dated 26.5.2014 though the petitioner was said to be relieved on 4.6.2014. However, the order of suspension is also issued by an authority not competent to do so and as such in terms of the law laid down by the Division Bench of this Court, the order of suspension is not sustainable. It is thus contended that the orders of transfer as also of suspension both are liable to be quashed.

(3.) Though the writ petition was not entertained nor any direction was issued to issue notices to the respondents yet it appears that upon service of the advance copy of the writ petition a return has been filed by the respondents. In the return, it is contended that the entire claim made by the petitioner is misconceived. It is contended that the petitioner was posted on promotion from the post of Lecturer to the post of Principal, high school, on 3.10.2013 at Kalara, Berasiya, district Bhopal. It was not a transfer, but a posting on promotion. That being so, the fact was examined by the respondents with respect to the posting of the persons like petitioner. It was found that in District Bhind there were about 69 posts of Principal, high school lying vacant and there was acute need of posting of persons at such place. Since the competent authority was apprised of these facts for filling up of the vacancies, the order of transfer on administrative exigency was issued and, therefore, it was incorrect to say that the petitioner was transferred without there being any justified reason. Since the petitioner was transferred after due approval of the competent authority, the order of transfer was not challengeable. The fact remains that the petitioner was communicated, that he stood relieved from Kalara and was required to join on the transferred place, but the said order was not complied with. Therefore, the petitioner was placed under Suspension. There was no complaint received against the petitioner and, therefore, looking to the administrative exigency, only the order of transfer was issued.