High Court Of ChhattisgarhWPS/772/2018disposed off

Sanjivan Prasad v. State Of Chhattisgarh

2018-01-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 772 of 2018 Sanjivan Prasad S/o Late Shri Jairam Thakur, Aged About 60 Years Occupation Lecturer, Government Girls Hir. Sec. School, Nawapara, Block Abhanpur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Naya Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. The District Education Officer, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. The Principal, Government Girls Higher Secondary School Nawapara, Block Abhanpur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Vipin Tiwari, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2018 Heard.

1. The petitioner has filed this petition aggrieved by his transfer on stated ground of administrative exigency.

2. Learned counsel for the petitioner would submit that the District Education Officer has passed the order forming an opinion that the petitioner was negligent, whereas the petitioner has ample material to satisfy the authority that there was no negligence on his part. He would submit that the petitioner has preferred representation but the same has not been decided by the

-2District Education Officer.

3. Learned counsel for the State submits that it being a transfer and stated ground of transfer being exigency of service, the District Education Officer may be directed to examine petitioner's representation.

4. Having considered the submissions and the background of the case, it would only be appropriate that the District Education Officer pays attention and examines petitioner's representation dated 1.1.2018 and take a decision on the same within a period of 10 days from the date of receipt of copy of this order.

5. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen