Shiv Shankar Pal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14482 of 2018 ====================================================== Shiv Shankar Pal Son of Late Rajvansh Pal, Permanent Resident of VillageKudra, P.S. Kudra, District-Kaimur, Presently Resident of Mohalla-Niranjan Bigha, P.S. Dehir-on-Sone, District-Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary, Secondary Education, Bihar, Patna.

2.

The Director, Secondary Education, Bihar, Patna. 3.

The Regional Deputy Director, Education, Patna Division, Patna. 4.

The District Programme Officer, Establishment, Education, Rohtas Sasaram. 5.

The Head Master, Secondary High School, Tilauthu, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Ataul Haque, Adv.

For the State :

Mr. Priyadarshi Matri Sharma, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the transfer on the allegation of serious lapse of the petitioner. Learned counsel for the petitioner submits that transfer with stigma is impermissible particularly, in view of the fact that there is no complaint or materials to form any opinion that the petitioner has committed any mischief or lapse warranting any administrative/disciplinary action. Learned counsel for the petitioner submits that petitioner is prepared to join the transfer post provided the stigma attached to the transfer may be revoked.

Patna High Court CWJC No.14482 of 2018(3) dt.27-06-2019 2/2 Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to pass appropriate order deleting the stigma as to the serious lapse otherwise transfer by way of punishment is impermissible. The clarification at the level of the respondent authority whether the transfer is by way of punishment or administrative exigencies has to be taken by the respondent at the earliest preferably within a period of 30 days. In the event, the respondents attaches stigma as to lapse or mischief of the petitioner the order of transfer cannot given effect and as such they have to withdraw the order of transfer, as transfer by way of punishment is impermissible otherwise they have to recall the order which attaches stigma against the petitioner. Necessary decision/clarification on the aforesaid point may be the District Education Officer, Sasaram at the earliest preferably within a period of 30 days from the date of receipt/production of copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U