DEO NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this case relates to Headmastership of Dwarika Nath High School, Muzaffarpur. The Petitioner been transferred from the post and Respondent No. 6 Tripurari Mishra posted in his place by the impugned order of the Director, Secondary Education dated 29.10.2003. Copy of the order is enclosed as Annexure 1 to the writ petition.

(2.) THE case of the Petitioner is that on his promotion to the post of Headmaster he was posted at High School, Dayalpur(sic) Vaishali District in 1991. In 1993 he was transferred to S.P.S. Seminary, Sonepur, (sic) 1995 he was transferred again to Tripurari Academy, Samastipur. On 31.12.99 he was transferred to the school in question (sic) Dwarika Nath High School, Muzaffarpur where he joined on 4.1.2002. He has been transferred allegedly on administrative ground which is not borne out by the record. Nothing of the kind was mentioned in the office notes. The Minister considering the case of Respondent No. 6 directed that he be posted in the school and Petitioner be transferred on administrative ground. It is relevant to mention here that Respondent No. 6 was under suspension earlier. By the said order dated 29.10.2003 the suspension was revoked and he was exonerated from the departmental proceeding accepting his explanation.

(3.) SHRI Rajendra Prasad Singh, learned Counsel for the Petitioner submitted that the new rules envisage transfer by establishment committee and on any administrative ground on the recommendation of the Managing Committee of the concerned school. Neither the Establishment Committee took any decision nor the Managing committee ever made any such recommendation nor any administrative ground as defined in the rules is made out. in the circumstances, there has been complete violation of the rules and the impugned order cannot be sustained. Counsel also submitted that posting of Respondent No. 6 in the school in question on the premise that Dwarika Nath High School is the school of his first posting is not correct as the Respondent No. 6 was posted on his promotion as Headmaster at Jouharimal High School, Bairgania, district Sitamarhi which has to be treated as school of his first posting.