Rajni Bhalla v. State Of Punjab And Others

CWP No. 8485 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 8485 of 2019 Date of decision : 02.05.2019 Rajni Bhalla ....Petitioner V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Gitish Bhardwaj, Advocate for the petitioner. Ms. Anu Chatrath, Addl. A.G. Punjab.

Mr. N.S. Kandhala, Advocate for respondent no. 3. Mr. Jasbir Sharma, Advocate for respondent no. 4. RAJAN GUPTA J.

Reply by way of affidavit of counter affidavit of Paramjit Kaur Sidhu, District Education Officer (Elementary Education), Fatehgarh Sahib has been filed in court. Same is taken on record. Grievance of the petitioner is that in the impugned order, Annexure P-1, a finding of guilt has been recorded against the petitioner and accordingly she has been transferred from Govt. Primary School, Urban Basic School, Mandi Gobindgarh to Govt. Primary School Village Gobindgarh. At the outset, learned State counsel submits that transfer has been made purely on administrative grounds as mentioned in the remarks column. As regards action, if any, pursuant to inquiry would be taken as per the Rules.

In view of above, it appears that order dated 07.01.2019, Annexure P-1 needs modification. The District Education Officer shall be at AJAY KUMAR 2019.05.03 13:27 I attest to the accuracy and authenticity of this document liberty to issue a fresh order deleting the portions which are not as per norms

CWP No. 8485 of 2019 in a transfer order and appears to be punitive. Needless to observe that pursuant to inquiry, the department would be at liberty to act as per law. Disposed of.

A copy of this order be handed over to learned State counsel under the signatures of Bench Secretary.

May 02, 2019 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2019.05.03 13:27 I attest to the accuracy and authenticity of this document