KULBHUSHAN KOUL Vs. STATE

JUDGEMENT

(1.) PETITIONER by means of this petition seeks to quash Order No. E 3/14693 -96 dated 25 -10 -2002 passed by the respondent No. 2, Chief Education Officer, Udhampur where by petitioner, junior Assistant, has been transferred to Government Higher Secondary School, Ramnagar vice Shri Sushma Bhardwaj.

(2.) IMPUGNED order has been challenged by the petitioner on the ground that respondent - -2 was a suspendee and could not discharge the official duty, therefore, the impugned order passed by him is illegal.

(3.) HEARD the learned counsel for the parties and perused the record. It is not in dispute that respondent No. 2, Chief Education Officer, was placed under suspension vide Govt. Order No. 1104 (EDU) of 2002 dated 1.8.2002 and also sanctioned his prosecution vide Govt. Order No. 22 -GAD/ Vigilance of 2002 dated 26.3.2002. Respondent -2 challenged these orders by means of SWP No. 2113/02. On consideration of said petition, the court passed interim order 'status -quo with regard to service tenure of the petitionerwould be maintained.'