Patna High CourtCWJC/12709/2016dismissed

Santosh Kumar Pandey v. The State Of Bihar And ORS

2016-09-21Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12709 of 2016 ===========================================================

1. Santosh Kumar Pandey S/o Late Parshuram Pandey resident of Village : - Dihupur, P.S. - Nawanagar, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

3. The District Education Officer, Buxar.

4. The District Programme Officer (Establishment), Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Lochan Mr Pawan Kr. Choudhary For the Respondent/s : Ms. Shilpa Singh, GA 12 Mr Ranjan Kumar, AC to GA 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-09-2016 Heard counsel for the petitioner and counsel for the State.

The order of transfer contained in Annexure- 15 has a history behind it. There could be some substance in the submission of the counsel for the petitioner that the allegation brought against the petitioner was motivated by one of the local political leader but then it has not remained a mere allegation because enquiry with regard to the petitioner's conduct and allegation, which was held, does nail the petitioner with regard to some of the charges and Annexure- 8 corroborates that position. The petitioner is an Assistant Teacher but has been working as Incharge of Kasturba Gandhi Balika Vidyalaya

Patna High Court CWJC No.12709 of 2016 dt.21-09-2016 2/2 and with the kind of findings relating to his conduct and because of the charges, he was even put under suspension and remained so for more than eight months. The respondent authorities have decided to transfer the petitioner to bring some semblance of order in the institution in the interest of the administration. The committee has taken a decision, which has been annexed by the respondents in the counter affidavit.

In the above facts and circumstances, the Court is not inclined to interfere with the order of transfer. It is left to the petitioner to decide what he would like to do with the said decision whether to accept or not to accept.

Writ is dismissed.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 21.9.2016 Transmission Date