DAITARI SHUKLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Aggrieved by the order dated 21.9.2011 passed by Orissa Administrative Tribunal, Cuttack in OA No.3009(c) of 2011 refusing to entertain the prayer to quash the transfer order dated 10.6.2011, which is Annexure-1 to the writ petition, the petitioner-applicant has filed this writ petition.

(2.) Petitioner was working as Headmaster-ln-Charge in Ostapur UGME School, Ostapur. Consequent upon rationalization of Elementary Teachers/Zilla Parishad Teachers/Sikshya Sahayak/Gana Shikshaya for the year 2011-12 made by the Transfer Committee under the chairmanship of Collector, Cuttack by order under Annexure-1 passed by opposite party No.3-District Inspector of Schools, Athagarh the petitioner has been transferred to Khamar-Nuagan UGME School. Pursuant to the transfer order petitioner was relieved to join at his new place of posting on 24.8.2011.

(3.) Petitioner's case is that on the basis of certain allegations made in connection with construction of school building the petitioner had been asked to file show cause and enquiry in that connection was pending when the order of transfer dated 10.6.2011 was passed. The transfer order was communicated to and the petitioner was relieved on 24.8.2011. Under the Rules transfer period in the State was over w.e.f. 15.6.2011. By circular dated 22.8.2011, which is Annexure-6 to the writ petition, opposite party No.2-Director, Elementary Education, Orissa has impressed upon that any transfer which is effected after 15.6.2011 without approval of the Director would be treated as contrary to the rule and as such would be liable to be cancelled. Further case of the petitioner is that as a disciplinary proceeding was pending, petitioner has been transferred with mala fide to another school as a measure of punishment.