DALIP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) COMPLAINT is that the petitioner has been transferred vide order Annexure P -1 from Govt. Primary School, Bhatoli, Education Block Ghumarwin -II, District Bilaspur to Govt. Centre Primary School, Dhanipukhar, Education Block Jhandutta, District Bilaspur, on the recommendation of a local leader, simply to accommodate the 4th respondent. It has, therefore, been pleaded that the transfer of the petitioner is not in the public interest nor in the exigency of service and rather is the result of colourable exercise of power at the instance of a defeated candidate of ruling party, that too to accommodate the 4th respondent, who is alleged to be politically a heavyweight. The impugned order Annexure P -1, therefore, has been sought to be quashed and set aside with further direction to the respondents to allow the petitioner to continue at Govt. Primary School, Bhatoli, the present place of his posting till he completes his normal stay there.

(2.) AGAINST his transfer, the petitioner though made a representation, however, while the same was in the process of being considered by the competent authority, respondent No.4 Maya Devi filed CWP No.7251 of 2013, seeking a direction to the Director, Elementary Education (2nd respondent) to initiate action against the Deputy Director, Elementary Education, Bilaspur (impleaded by name as 3rd respondent) and also a direction to the Deputy Director to relieve her from Govt. Centre Primary School, Dhanipukhar so that she could join at the transferred station, i.e. Govt. Primary School, Bhatoli.

(3.) THE respondents were directed to produce the record, leading to the transfer of the petitioner from Govt. Primary school, Bhatoli to Govt. Centre Primary School, Dhanipukhar.