SUNITA DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The primary challenge raised in the petition is to the order of transfer of the Petitioner, working as a J.B.T Teacher. The grounds raised, however, are being given a different colour to invoke the policy, duty and the responsibility assigned to the Petitioner temporarily for carrying out a census work.

(2.) The Petitioner is a J.B.T. Teacher, for which she was selected in the year 1998. She is posted as a Head Teacher/Incharge at GPS, Dhansoli. With effect from 23.7.2009, she is detailed to perform duties in census operation and is given the task of making votes of the eligible voters in the village. The Petitioner complains that she has found many ineligible and bogus voters and that they through the influence of Sarpanch (Respondent No. 4) were trying to get the bogus votes made by manipulating, forging and fabricating documents. The Petitioner objected to the same. The Petitioner states that she had made a detailed complaint alongwith documentary evidence against the bogus votes, which was got filed on account of political influence. Gram Panchayat/Sarpanch of the village then made a absolutely baseless complaint against the Petitioner on 17.12.2009. On 17.2.2010, the Petitioner filed a detailed representation against her transfer, which was ordered. She also made a complaint to the Additional Director General of Police, Law and Order. The Petitioner would make reference to the instructions issued by the Government of Haryana for not transferring officers who were attached for census operation till 31.3.2011. Despite this, on the basis of a complaint, the Petitioner has been transferred to Government Primary School, Sonali Khurd on 4.8.2010 and so she is before this Court.

(3.) The Petitioner preferred a civil suit to impugn the transfer order on 10.8.2010 and in response, the Respondent-State appeared and pleaded before the Court that the Petitioner stood relieved from her duties. The suit was adjourned to 21.9.2010. The Petitioner thereafter withdrew the suit on 18.8.2010 and has filed this writ petition on 24.8.2010.