MONI DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Orders of transfer dated 2.6.05 (annex- ure-II) and 16.8.2005 (annexure-I) both passed by the District Elementary Education Officer, Lakhimpur, North Lakhimpur have been challenged by the petitioner in the present writ petition on the ground that the transfer orders are punitive, malafide and were passed to accommodate one Bipin Bez.

(2.) By order dated 2.6.2005 issued by the District Elementary Education Officer, the petitioner who was the Headmistress of Boginadi Girls' M. E. School was transferred and posted at Kadam Janajati Girls' M.E. School vice Sri Bipin Bez, Headmaster of Kadam Janajati Girls' M.E. School transferred in the place of the petitioner. The said order of transfer was modified partially vide order dated 16.8.2005 issued by the same authority staying the transfer of Bipin Bez, Headmaster of Kadam Janajati M.E. School to Boginadi Girls' M.E. School and transferring the petitioner to Kananadi M.E. School instead of Kadam Janajati Girls' M.E. School vide Sri Jyoti Kamal Borah (respondent No. 5) Headmaster of said Kananadi M.E. School to Boginadi Girls' M.E. School. By the said order respondent No, 5 was directed to move first

(3.) I have heard Mr. S. N. Sharma, learned Sr. counsel for the petitioner, Mr. T. Islam, learned standing counsel, Education Department for respondent Nos. 1 to 4 and Sri Manojit Bhuyan, learned counsel appearing on behalf of the respondent No. 5.