CHENGASENG KATH Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. K. Sema, learned counsel for the petitioner, Mr. L. S. Jamir, learned Addl. Advocate General, Nagaland appearing on behalf of Respondent Nos. 1, 2, 3 and 4 and Mr. C. T. Jamir, learned counsel appearing for the Respondent No. 7.

(2.) THE challenge in this writ petition is against the order dated 27. 6. 2008 (Annexure-13) issued by the Director of School Education, Nagaland, transferring the petitioner from the post of Sub-Inspector of Schools, Tsogin Range to the post of a Govt. Teacher, Tseminyu and posting of the Respondent No. 5 in his place. By an interim order dated 1. 8. 2008, this court, while issuing notice, passed a status quo order and on the strength of the said interim order, the petitioner claims to be continuing as Sub-Inspector of Schools, Tsogin Range till today.

(3.) THE case of the petitioner is that a Demi Official letter dated 20th March, 2008 was written by the Respondent No. 7, who is the Parliamentary Secretary, Horticulture and Cooperation, Nagaland Government addressed to Minister, School Education, alleging therein that the petitioner has indulged himself and worked more than a political party worker in favour of the Congress candidate in the last Assembly Election held sometime in the month of February, 2008 and as such, the petitioner has violated the Model Code of Conduct. Second part of the aforesaid DO letter, is a request to the Hon'ble Minister, School Education, to transfer the petitioner at a place called Rumesinyu as and Assistant Teacher as a deterrent step and in his place, one Shri Kenyushue Kemp be posted as Sub- Inspector of Schools. The first part of the allegation should have been directed to the Election Commissioner which conducted the last Assembly Election as the Election Commission of India is the only authority to take action for violation of model code of conduct. Using this misdirected allegation, Respondent No. 7 requested the Education Minister of State for transferring the petitioner, as disused above. But before any action could be taken on the basis of the DO letter dated 20. 3. 2008 of the Respondent No. 7, a joint application dated 25. 4. 2008 was filed by the petitioner and Shri Kenyushwe, who is sought to be tranferred in place of the petitioner, requesting the Director of School Education, Nagaland to reject the proposed cross transfer, as the proposed arrangement was unjust and unacceptable to the parties.