RASHMI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order contained in memo No.2323 dated 17/18.11.2020 issued by the respondent No.6, whereby and whereunder, the petitioner has been imposed with major punishment of stoppage of three increments with cumulative effect. Further, prayer has been made for a direction upon the respondents to pay the petitioner entire consequential benefits including full payment of salary for the period of suspension with penal interest of 18 % after quashment of the aforesaid impugned order. Further, prayer has been made for quashing the Letter No. 1911 dated 06.08.2018 issued by the respondent No.6, whereby and whereunder the petitioner has been transferred from G.N.M. School, Katrash Garh, Dhanbad to Girls High School, Gomoh, by way of punishment.

(3.) The factual exposition as has been delineated in the writ petition is that petitioner was appointed on 26.07.2010, as an Assistant Teacher of English Subject at Dhanbad. Vide order dated 05.08.2016, the District Education Officer, Dhanbad sent the petitioner on deputation to Butto Kristo Roy Memorial Girl's High School, Katrasgarh, Dhanbad and as such, she was relieved from G.N.M+2 High School, Katrasgarh on 08.08.2016 however same was cancelled vide office order No. 656 dated 07.04.2017 issued by the District Education Officer, Dhanbad on the direction of the Deputy Commissioner, Dhanbad and thus her services was repatriated to G.N.M+2 High School, Katrasgarh, Dhanbad and relieving letter to that effect was issued to her on 08.04.2017. In compliance thereto, the petitioner gave her joining as Assistant Teacher in G.N.M. Teacher+2 High School, Katrasgarh, Dhanbad. It is further case of the petitioner that vide order dated 29.01.2018, the District Education Officer, Dhanbad nominated the petitioner as Incharge, Headmaster of the said School. During her entire service career, no proceeding has ever been initiated against the petitioner and she has performed her duties to the utmost satisfaction of the respondent authorities. However, without any information all of sudden, she has been transferred from G.N.M. +2 High School, Katrasgarh, Dhanbad to Girls High School, Gomoh vide office order dated 06.08.2018 issued by the District Education Officer, Dhanbad, alleging therein that on 30.07.2018 during the school hours an Assistant Teacher of her school namely Mr. Gautam, had instructed the students to bring some bamboo for school work, which is an irresponsible and ignorant act on the part of Mr. Gautam and Incharge Head Mistress of the school and it is also a 'proof' that Incharge Head Mistress of the school is not complying with the departmental instructions and subsequently she was relieved from G.N.M.+2 High School, Katrasgarh vide order 07.08.2018 issued by the District Education Officer, Dhanbad with a direction to join the transferred place on 08.08.2018 failing which strict action shall be taken against her. It is further the case of the petitioner that one Rajni Sharma, who is the President of Jharkhand Young Students Union has also filed a complaint case before the Child Welfare Committee, Dhanbad against the petitioner vide CWC Case No. 358 of 2018. However vide order dated 29.08.2018 the Child Welfare Committee has given clean chit to the petitioner holding therein that allegations leveled against the petitioner to be baseless and far from the truth and to the best knowledge of the petitioner, the said order has attained finality.