CHALIHA BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel assisted by Mr. P. K. Borah, learned counsel for the petitioner. Also heard Mr. R Mazumder, learned Standing Counsel, Education (Elementary) Department for respondent No. 1 and Mr. M. Khataniar, learned Standing Counsel, BTC for respondent Nos. 2, 3, 4 and 5.

(2.) In this petition, the petitioner has challenged the impugned order dated 11.06.2019 by which the petitioner, who was earlier serving as the Head Teacher of Mushalpur Jr. Basic School has been transferred on his own pay and Grade Pay against the vacant post of Assistant Teacher in No. 1 Ahopa L.P. School because of certain public complaints against him.

(3.) The petitioner has assailed this transfer order mainly on two grounds, namely, that it is punitive in nature and, as such, before such punitive transfer order was issued, he ought to have been given an opportunity of being heard which has not been done. Secondly, the petitioner has also assailed the ground that he was already appointed and serving as the Head Teacher in the Mushalpur Jr. Basic School, though he has been appointed to the vacant post of an Assistant Teacher though enjoying the pay and Grade Pay of Head Teacher. It has been submitted that by posting the petitioner who was serving as Head Teacher to the lower post of Assistant Teacher amounts to downgrading or reduction in rank which also could not have been made without giving the opportunity of being heard to the petitioner.