PUSHPA BHARADWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY this writ petition, the petitioner has challenged the order dated 12/5/1999 (Annexure-16) by which the petitioner, who is teacher of subject English was transferred from the Government Secondary School, Vidhyashala to the Government Secondary School, Kaliberi. The gist of the argument of the learned counsel for the petitioner is that this transfer order is liable to be quashed as the order has been passed malafidely and because of the pressure exerted by respondents No. 4 and 5 upon respondent No. 3 the District Education Officer and because of the reason that the petitioner has been transferred to the place where respondent Nos. 4 and 5 are also teachers and they are having inimical relations with the petitioner and in addition to that, the petitioner has been transferred to a school where there is no need of English teacher as there are already two teachers for the subject whereas after transfer of the petitioner from the Government Secondary School, Vidhyashala, no English teacher will be there.

(3.) HOWEVER, it is relevant to mention here that there are serious allegations against the petitioner levelled by the respondents in the reply, as given in sub-paras (1) to (8) of para 5 of the reply submitted by the respondents. A bare look at the allega- tions against the petitioner makes it clear that the respondents, who are responsible to look into the administration of education, failed to discharge their duties. The respondents, if were in knowledge of such grave misconduct of the petitioner to the extent that the petitioner did not return the answer books of the half yearly examination of classes IXth and Xth and the answer books were handed over to the police due to which even the declaration of the result of the students was effected (as mentioned at page 49 read with allegations levelled in sub-clause (3) & (4) of para 5), and the respondents claiming themselves having authority over the petitioner, then why they have not initiated any proceeding against the petitioner for such a long period of about more than three years and initiated proceeding under rule 16 of the C. C. A. Rules, merely for not joining the duties at a transferred place by serving charge-sheet dated 7/3/2002. The learned counsel for the respondents tried to justify his argument showing one order dated 7/3/2002 which was passed in the enquiry conducted in pursuance of the memorandum and charge-sheet dated 4/6/1999. Copy of this order was also not placed on record nor copy of this order was provided to the learned counsel for the petitioner but a bare perusal of the above order itself shows that a charge-sheet was issued on 4. 6. 1999 to the petitioner but serious allegations of not submitting the chec- ked answer books in time and were deposited with the police, were not the charges against the petitioner. It is further relevant to mention here that in sub-paras (1) to (8) of para 5 of the reply, it is mentioned that about more than 10 letters were issued to the respondents in a short span of period commencing from 20/4/1999 to 12/5/1999 except two letters dated 10/7/1999 and 15/9/1999. The respondents failed to explain if the petitioner had her past bad conduct as alleged in the reply then what compelled the respondents to not to take action against the petitioner. In view of the facts mentioned in the reply, this matter is either a case of vistimisation of the petitioner as she was served with the large number of letters calling upon the explanation in a short span of period as given in sub-paras (1) to (8) of para 5 of the reply to the writ petition or it is a serious matter of protecting a teacher who has no good conduct, towards her superiors and even towards the students. Therefore, copy of this order be sent to the Education Secretary, Government of Rajasthan so that the matter can be enquired into with respect to the allegations and counter allegations and the Education Secretary may take appropriate steps to see that the students should not suffer.