SUDIPTA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be taken on record. The petitioner has approached this Court being aggrieved by an order of transfer issued by the Chairman, District Primary School Council, Nadia, as contained in memo bearing No. 852 dated 6th March, 2013.

(2.) According to the learned advocate for the petitioner, the order of transfer is without jurisdiction since the Chairman, District Primary School Council, Nadia, was not empowered to issue such an order of transfer, unless he was exercising emergency power under section 53(2) of the West Bengal Primary Education Act, 1973.

(3.) On the other hand, the learned advocate representing the District Primary School Council, Nadia, submits that the Chairman, District Primary School Council, Nadia, had issued the order of transfer dated 6th March, 2013, in exercise of his emergency powers provided under section 53(2) of the West Bengal Primary Education Act, 1973 and subsequent approval of the District Primary School Council was duly obtained within the statutory period of one month in terms of the said provision of law.