SRI GOBINDA CHANDRA KALITA, SON OF LATE RAMONI KALITA, RESIDENT OF MILONPUR, CHANDMARI, GUWAHATI Vs. THE STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI

JUDGEMENT

(1.) The order of transfer dated 26.4.2013 issued by the Director of Secondary Education, Assam, together with the Corrigendum dated 6.7.2013, issued by the same authority are assailed in the present proceedings. Be it mentioned that the said order of transfer dated 26.4.2013 was issued in partial modification of an earlier order of transfer dated 7.12.2012.

(2.) According to the petitioner, he was appointed on regular basis as an Assamese Language Teacher in the year 1994 at Sri Aurobindo Vidyamandir High School, Ulubari, which is a Bengali Medium Linguistic Minority Educational Institution, administered by its Managing Committee. At the relevant time he was also nominated as a member of the School Management and Development Committee (SMDC) by orders of the Inspector of Schools, Kamrup District Circle.

(3.) The ground of challenge to the order of transfer dated 26.4.2013 is that it stands vitiated on the principle of malice in law and not being based on any factor germane for passing the order of transfer. It is contended that the order transferring the petitioner out of Sri Aurobindo Vidyamandir High School, Ulubari was passed by way of or in lieu of punishment on the basis of undisclosed complaint made to the Director of Secondary Education, Assam by some members of the SMDC.