Heard Ms. Bulbul Godiyal, learned Senior Advocate assisted by Sri Ashish Kumar Pathak, Advocate for the petitioner and the learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has assailed the impugned transfer order dated 05.11.2019 passed by the Joint Director of Education, Devi Patan Mandal, Ayodhya transferring the petitioner who is serving on the post of Senior Assistant in the office of the District Inspector of Schools, Gonda to the Government Inter College, Bahraich on the same post. However, vide order dated 14.11.2019 the said transfer order has been modified by the same authority transferring the petitioner to Fakhruddin Ali Ahmad, Government Inter College, Gonda.
Ms. Godiyal, learned Senior Advocate has submitted that pursuant to the transfer order dated 05.11.2019 and modified order dated 14.11.2019, the petitioner has yet not been relieved from the office of the District Inspector of Schools, Gonda.
The contention of Ms. Godiyal, learned Senior Advocate for the petitioner is that on 05.11.2019 the Director of Education (Secondary) preferred a letter to the Regional Joint Director of Education, Devi Patan Mandal, Ayodhya directing him to transfer the petitioner at any other place since serious complaints against the petitioner have been received.
It appears that on receiving the order dated 05.11.2019, the Regional Joint Director of Education passed the impugned order on the same day i.e. 05.11.2019 transferring the petitioner from Gonda to Bahraich. However, the said order was modified on 14.11.2019 as aforesaid.
It has been contended by the learned counsel for the petitioner with vehemence that the entire service record of the petitioner has been unblemished and no complaint any kind whatsoever has been lodged against the petitioner to the best of his information as no such complaint has been received by him. Therefore, the intimation through the letter dated 05.11.2019 being preferred by the Director of Education that serious complaints against the petitioner have been received are wrong. If the transfer of the petitioner was made on the basis of complaint, the indication to that effect should have been given in the impugned transfer order but the transfer order dated 05.11.2019 says that this transfer order has been passed in public interest.
Learned counsel for the petitioner has further submitted that now the petitioner has been posted at District-Gonda at different place but in view of the fact that this transfer of the petitioner has been made on the basis of alleged complaints, is absolutely wrong. Therefore, the Competent Authority may be directed to dispose of the representation of the petitioner, which has been preferred on 20.11.2019 (Annexure No.9 to the writ petition), by a speaking and reasoned order and the petitioner may be provided an opportunity of hearing to that effect before relieving him from the office of the District Inspector of Schools, Gonda to Fakhruddin Ali Ahmad Government Inter College, Gonda.
Considering the aforesaid submissions of learned counsel for the petitioner as well as with the consent of learned counsel for the opposite parties, I hereby decide this writ petition at the admission stage, directing the Joint Director of Education, Devi Patan Mandal, Ayodhya to dispose of the representation of the petitioner dated 20.11.2019 (Annexure No.9 to the writ petition), strictly in accordance with law, by affording an opportunity of hearing to the petitioner with expedition preferably within a period of ten days from today.
Till the disposal of the representation of the petitioner dated 20.11.2019, as aforesaid, no coercive action shall be taken against the petitioner.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 26.11.2019 Suresh/ [Rajesh Singh Chauhan,J.]