Vikas Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2931 of 2015 • Kamal Kumar Dewangan S/o Late Shri B.P. Dewangan, Aged About 49 Years, Occupation - Asst. Grade Ill, Government College Of Education, Bilaspur, P.S. Tarbahar, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Education Department, Mahanadi Bhawan, New Mantralay, District Raipur Chhattisgarh

2. The Collector Bilaspur, Bilaspur Chhattisgarh

3. The District Education OfÏcer Bilaspur, District Bilaspur Chhattisgarh

4. The Principal Government College Of Education, Bilaspur, District Bilaspur Chhattisgarh

5. Rajkumar Sharma Assistant Grade III, Government Higher Secondary School, Sakarra, District Bilaspur Chhattisgarh ---- Respondent WPS No. 3079 Of 2015 • Suresh Kumar Vyas S/o Late Shri Ram Kripal Vyas, Aged About 53 Years Head Master, Presently Posted At Government Primary School Dadha, Block Bilha, District Bilaspur Chhattisgarh ---- Petitioner Vs

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Capital Complex, Mahanadi Bhawan New Raipur Chhattisgarh

2. Collector, Bilaspur, Chhattisgarh

3. District Education OfÏcer, Bilaspur, Chhattisgarh

4. The Block Education OfÏcer Bilha District Bilaspur Chhattisgarh ---- Respondent

And WPS No. 3222 Of 2015 • Vikas Tiwari S/o Late Shri H. P. Tiwari, Aged About 50 Years Assistant Grade- I I , Presently Posted at The OfÏce Of District Education OfÏcer, Bilaspur, Distt. Bilaspur (Chhattisgarh) ---- Petitioner Vs

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Capital Complex, Mahanadi Bhawan New Raipur (Chhattisgarh)

2. Collector, Bilaspur (Chhattisgarh)

3. District Education OfÏcer, Bilaspur (Chhattisgarh)

4. Principal, Government Multipurpose Higher Secondary School Bilha Distt. Bilaspur (Chhattisgarh) ---- Respondent For Petitioner Mr. Prakash Tiwari, Advocate For Respondent/State Mr. P.K. Bhaduri, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 4/9/2015 Heard.

(2) In the present writ petitions, the impugned orders of transfer have been issued by the District Education OfÏcer, Bilaspur. (3) An afÏdavit filed by the Secretary, School Education Department clearly states that the District Education OfÏcer has violated the Government's instructions while issuing the impugned orders. (4) In view of the above, the impugned orders in each of the three

writ petitions are quashed. However, respondent No.2 would be at liberty to pass fresh order in accordance with law if the administrative exigency so warrants.

(5) Accordingly, the writ petitions are allowed to the extent indicated above. Sd/- Judge (Prashant Kumar Mishra) Shyna