LAWS(HPH)-2020-1-115

JOGINDER RAO Vs. STATE OF HIMACHAL PRADESH

Decided On January 03, 2020
Joginder Rao Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Challenging the notification dated Sep 13, 2019 (Annexure P-3), passed by the Principal Secretary (Education) to the Government of Himachal Pradesh, the 1st respondent Whether reporters of Local Papers may be allowed to see the judgment? herein, transferring the petitioner to the post of Principal at Government Senior Secondary School Bhalar Bhalona, District Sirmour, Himachal Pradesh, within three years from his previous transfer made in January 2017, the petitioner has come up before this Court, under Article 226 of the Constitution of India, seeking quashing of his transfer, and in the alternative to direct the 1st respondent to transfer him to Government Senior Secondary School, Jaddu Kuljiar, District Bilaspur, H.P.

(2.) The State has filed a response to this petition. It clarifies that the reason for the transfer was to maintain harmonious working conditions in school. It further explains that one female teacher posted in the same school had filed a complaint (Annexure R-1 colly.), dated Aug 28, 2019, against the petitioner before the State Woman Commission and also the Superintendent of Police, Bilaspur District at Bilaspur. The inquiry report with respect to inquiry conducted by the Additional Superintendent of Police Bilaspur, is Annexure P-6 to the supplementary affidavit filed by the petitioner. The recommendation of the State Commission for Women to transfer the petitioner out of the District till completion of the inquiry against him is Annexure R-1 to reply filed by the respondent-State.

(3.) We have heard Mr. Sanjeev Bhushan, learned Senior Counsel for the petitioner, and Mr. Ashok Sharma learned Advocate General for the State. We have also waded through the entire record, including the file leading to the transfer of the petitioner.