Rajendra Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6893 OF 2019

1. Rajendra Kumar S/o - Shri Jhumuk Lal Sahu Aged About 50 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School Kasari, R/o - Village Jangalpur Tahsil Dongargarh District Rajnandgaon Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through Its Secretary Department Of School Education, Mantralaya Mahanadi, Bhawan Naya Raipur District Raipur Chhattisgarh.

2. Collector Rajnandgaon, District Rajnandgaon Chhattisgarh.

3. District Education Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh.

4. Block Education Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh.

5. Rajendra Kumar Dhruw Assistant Teacher (L.B), Primary School Ghirgholi, Block Dongargarh District Rajnandgaon Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Ghanshyam Kashyap, Advocate.

For Respondent-State :

Shri Chandresh Shrivastava, Dy. A.G. and Ms. Ishwari Dhritlahre, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.09.2019

1. Challenge in the present Writ Petition is to the order dated 12.07.2019 whereby the petitioner has been transferred from Dongargarh to Chhuikhadan.

2. The petitioner claims protection on the ground that he is a Block Treasurer of Chhattisgarh Sahayak Shikshak Federation.

3. Let the respondent No.2 get this aspect verified whether the petitioner is a Block Treasurer of the said federation or not. If the petitioner is found to be a genuine office bearer of the said federation, then the petitioner's case may be considered in the light of the transfer policy granting protection to the office bearers of the Unions.

4. Let the petitioner make a representation in this regard to the respondent No.2 within a period of 10 day from today and the respondent No.2, in turn, after due verification, take a decision on the said representation in accordance with transfer policy. Till the representation of the petitioner is

decided, the effect and operation of the order dated 12.07.2019 shall remain stayed so far as petitioner is concerned.

5. In case if it is found that the petitioner has misused the letter head or has created a fake or false document for the purpose of filing of the present writ petition, the respondent No.2 as also the disciplinary authority of the petitioner shall take stern action against the petitioner for the said misconduct.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder