BHUPINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who is an ETT teacher has filed the present writ petition impugning the order dated 27.08.2012 (Annexure P-1) whereby he has been transferred from Government Primary School, Khaira Khurd, Block Jhunir-2, Sardulgarh to Government Primary School, Akbarpura, Khudal (Budhlada-2 at Bareta).

(2.) Learned counsel appearing for the petitioner has raised two fold submissions. Learned counsel argued that the impugned order dated 27.08.2012 itself recites that the petitioner has been transferred on administrative ground. However no such ground has been cited. Secondly, it has been contended that the impugned order of transfer has not been passed in normal administrative exigency of service but the same is vitiated by mala fides. To substantiate such assertion, learned counsel argued that the impugned order of transfer has been passed at the instance of respondent No.3 i.e. District Education Officer (Elementary Education), Mansa who has been impleaded by name.

(3.) Learned counsel would also refer to the pleadings wherein it has been averred that the father of the petitioner was a member of the Congress party and it is on account of the coming into the power of the Akali Party and at the behest of the members of the ruling party, the impugned order of transfer has been passed. Still further, counsel has referred to the documents at Annexure P-3, P-4 and P-5 to assert that there is no complaint or enquiry pending against the petitioner and in fact, the conduct and behaviour as also integrity of the petitioner has been assessed to be without any blemish. In terms of order dated 07.08.2012 (Annexure P-5), it has been submitted that the petitioner has been granted step up increments and merely after few weeks of granting increments the impugned order of transfer has been passed.