SUNIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned J.C. to GA-III for the State.

(2.) The petitioner has approached this Court challenging the order of transfer dated 29.10.2016, passed by the District Superintendent of Education, Dhanbad (respondent No. 4), whereby the petitioner has been transferred from the post of Incharge Headmaster, Middle School, Aarakshi Kendra, Anchal - Nagarpalika, Dhanbad to Primary School, Duma, Anchal-East Tunai, on the ground of allegations.

(3.) The facts as derived from the writ petition are that the petitioner was appointed on 14.11.1994 and since then, he has been working sincerely, diligently and to the satisfaction of all concerned, where he has been posted. Earlier the petitioner was posted at Chirogoda, Dhanbad. As the petitioner was facing great hardship and difficulty, he made representation to the Deputy Commissioner, Dhanbad for transferring him to a place near to his residence. The same was sympathetically considered and petitioner was transferred to Middle School, Aarakshi Kendra, Dhanbad vide order dated 22.02.2012. In compliance of the said order, the petitioner joined to this transferred place on 17.01.201 Thereafter, the petitioner was put on deputation at Anath School, Hirapur, Dhanbad. Vide another office order dated 09.11.2015, issued by the Area Education Officer, Dhanbad the petitioner was made In-charge Headmaster of the Middle School, Aarakshi Kendra, Dhanbad and the petitioner was repatriated to his original school by cancelling the order of deputation of the petitioner with immediate effect and in compliance of the order, the petitioner joined the said school. Suddenly, the petitioner has been transferred on 29.10.2016 from Middle School, Aarakshi Kendra, Anchal Nagarpalika, Dhanbad to Primary School, Duma, Anchal East Tundi on certain allegations/charges that petitioner took over the charge of In-charge Headmaster on his own interest and with a view to disturb the peace maintained in the school and to divert the educational environment thereof. On receipt of such transfer order, the petitioner immediately made representation regarding his transfer to the District Superintendent of Education, Dhanbad as well as to the Deputy Commissioner, Dhanbad, stating inter alia that there was no own interest involved in taking over the charge of In-charge Headmaster, rather it was in compliance of the order passed by the competent authority, as would be evident from the representations submitted by the petitioner dated 04.11.2016. As no orders have been passed on the representations of the petitioner, the petitioner has approached this Court challenging the said order of transfer.