SARASWATI DAS Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS is the third journey of the Petitioner to this Court and in this writ application she assails the order of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack dated 19.11.208 passed in O.A. No. 2081 (C) of 2008.

(2.) THE case of the Petitioner is that she was posted in Khannagar High School a year back but by order dated 26.5.2008 she has been transferred to Mahavir Bidyapitha, Mahanga at the behest of O.P. No. 4. She also took a before the Tribunal that she having been posted only a year back in Khannagar High School and having some personal difficulties, the order of transfer should be quashed. Earlier she had approached this Court in W.P.(C) No. 8129 of 2008 and this Court passed an interim order on 17.6.208 directing that she be allowed to continue as Headmistress of Khannagar High School and accordingly she was allowed to continue as such. In the said writ application, a counter affidavit was filed by the State authorities taking a stand that in view of certain allegations received against her, she was transferred on administrative ground. The writ application was disposed of on 14.7.2008 directing disposal of her representation within fifteen days which had also been directed by the Tribunal when she first approached the Tribunal when she first approached the Tribunal in O.A. No. 1173 (C) of 2008. Her representation was disposed on in Annexure -13 in which it was directed that she be accommodation within Cuttack Municipality and if it is not possible, the order of transfer dated 26.5.2008 passed by the Director, Secondary Education by implemented. Challenging the said order, the Petitioner filed the present Original Application. The Tribunal though admitted the Original Application did not grant any interim order. The Petitioner, therefore, approached this Court against in W.P.(C) No. 13035 of 2008 and this Court disposed of the writ application on 9.9.2008 directing the Tribunal to dispose of the Original Application within four weeks and also directed the order of transfer to be kept in abeyance. In pursuance of the said order, the Tribunal took up the Original Application No. 2081(C) of 2008 for hearing and dismissed the same in the impugned order.

(3.) THE Tribunal in the impugned judgment came to a finding the except a bald allegation of male fide, there was nothing more in the Original Application to interfere with the order of transfer and the Director, Secondary Education having taken a decision to transfer the Petitioner from the School in the interest of the School, the Tribunal cannot sit in appeal over such decision and upset the order of transfer.