ANANDA CHANDRA MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER was working as Senior Clerk in the office of the 'District Social Educational Organiser' being appointed in the year 1969 and was adjusted in the office of the District Inspector of Schools, Cuttack -I Circle on 16. 10.1969. For administrative convenience, the Educational Circles in the State were reorganised into a number of circles by order dated 15.12. 1970 by the Government of Orissa and each Circle was having its own cadre vide Annexure -2. After the said reorganisation the petitioner was placed under the Inspector of Schools, Cuttack -I Circle as a Senior Clerk. He was promoted to the post of Head Clerk -cum -Accountant by the order of the Inspector of Schools, Cuttack -I Circle and was posted in the office of the District Inspector of Schools, Athgarh under the same circle on 6. 9. 1971. While he was so working, all on a sudden he was transferred to the office of the District Inspector of Schools, Jaipur under the Inspector of Schools, Cuttack -II Circle which is outside the parent circle, i. e., Cuttack Circle -I, Petitioner protested afainst such transfer and on a representation the order was cancelled. In the mean while petitioner was again transferred from Athgarh to the office of the District Inspector of Schools, Cuttack as Headclerk in the year 1975. On 17. 6. 1977 petitioner was again transferred as Junior Statistical Assistant to the office of the District Inspector of Schools, Jajpur under the Inspector of Schools, Cuttack -II Circle. Again he was transferred to the office of the District Inspector of Schools, Dolipur under the Inspector of Schools, Cuttack -II Circle as per the order of the Additional Director of Public Instruction (Schools), Orissa dated 15. 7. 1977. On the protest of the petitioner, the raid transfer was kept in abeyance. But all on a sudden, by order dated 15.11. 1977 issued by the Additional Director of Public Instruction (Schools), Orissa, the petitioner's services were placed at the disposal of the District Inspector of Schools, Dolipur, which according to the petitioner is outside the cadre and circle, i. e., Cuttack Circle -I, vide Annexure -3. He was placed under suspension by order dated 22. 2. 1978 vide Annexure -5. A disciplinary proceeding was started against the petitioner and after the conclusion of the said proceeding the petitioner's two annual increments were withheld by order dated 30. 8. 1979 vide Annexuire -6. On 19. 11. 1979 the petitioner was again posted at Dolipur under Cuttack -II Circle vide Annexure -10. He submitted a representation to the Governor on 3. 3.1980. vide Annexure -4 with copies to the Director of Public Instruction (Schools) and the Secretary to Government, Education Department. On 25. 10 1980 the representation was rejected without assigning any reason vide Annexure -8. Therefore, the petitioner has filed this writ petition on 25. 2. 1981 to quash Annexures -3, 6, 8 and, 10.

(2.) OPPOSITE parties, the State of Orissa represented by the Secretary, Education Department, Director of Public Instruction (Schools), Inspector of Schools, Cuttack -I Circle and District Inspector of Schools, Cuttack -I Circle have filed their counter and have said that the prayer for quashing the order of transfer passed on 15. 9. 1977 vide Annexure -3 should be rejected on the ground of delay and laches. Regarding the punishment imposed in the disciplinary proceeding, the opposite parties have stated that the punishment is a minor one and there has been no irregularity in conducting the proceeding against the petitioner nor is there any justifiable ground for interfering with the order of punishment. Regarding Annexure -8, the opposite parties contended that it is an order of the Government on the appeal preferred by the petitioner against the order of punishment and no ground has been indicated as to why the said order should be quashed. Regarding the legality of the order of transfer, the opposite parties contended that the post of Head Clerk in the office of the District Inspector of Schools is transferable and at any rate the transfer order being of the year 1977 is not open to challenge in the year 1981. The petitioner in his rejoinder has submitted that he was placed under suspension on 22. 2. 1978 for not carrying put the order of transfer and was reinstated on 19.11.1979 but was asked to join in a separate cadre which he challenged. The stoppage of two increments being the result of alleged disobedience of the illegal order of transfer, the same is untenable. There is no delay in filing the petition and the petitioner is not guilty of laches.

(3.) THE next question for consideration is whether the petitioner can be transferred beyond the cadre area. In this connection Annexure -9, a copy of the letter No. 17250 ( 115 ) dated 13th November, 1973 issued by the Government of Orissa in the Political and Services Department, is relied upon by the petitioner. Therein it is stated: