SHOBHA CHUGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner approached this Court challenging the order dated 30.12.2014 vide which she was transferred as Principal from Government College for Women, Faridabad to Government College, Hodal. The ground for challenging the transfer order is that she is to retire on 31.1.2015 on attaining the age of superannuation i.e. 58 years. Considering the aforesaid fact and to find out as to whether while issuing the order of transfer, the bare fact that when an employee, who is sought to be transferred is to retire is considered or not, Mr. Harish Rathee, Senior Deputy Advocate General, Haryana, was handed over a copy of the petition and requested to get the official file where the transfer of the petitioner was dealt with.

(2.) In the afternoon session, the file where the transfer of the petitioner was dealt with was produced. It makes an interesting reading. The Education Minister sent an undated note to the Additional Chief Secretary, Higher Education, Haryana. As is evident from stamp in his office, it contains dairy No. 221 -N dated 3.12.2014. The note also contains signatures of M.L.A. Prathla (Tek Chand Sharma). The note reads as under:--

(3.) The direction was issued by the officer on 3.12.2014 "Please put up on file". Then it was dealt with by 3-4 officers, one of whom mentioned as 'urgent'. All the notings on file are dated 4.12.2014. From the aforesaid note, as is evident, that all the officers did not mention their names and designation on the notings. Thereafter, the file was dealt with on 8.12.2014 and note mentioned that the Education Minister has desired that Ramesh Chander Vashisth may be transferred from Government College Hodal to Government College for Women, Faridabad, against Shobha Chugh, Principal and vice-versa. It was further mentioned that post of Principal is Class-I Cadre post, hence the power to transfer a Principal is with Hon'ble the Chief Minister. Thereafter, it was dealt with by number of officers, whose names and designations are not evident, except that of Vijay Vardhan, Additional Chief Secretary, Higher Education, Haryana, who signed the note on 17.12.2014.