Chinchin Kumari vs State Of Bihar And Others

Ashutosh Kumar, ACJ

We have heard Mr. Pankaj Kumar Sinha, the learned Advocate for the appellant; Mr. Akshansh Shanker, the learned Advocate for the Zila Parishad and Mr. Apurva Kumar for the State.

The judgment under challenge is dated 04.01.2023 passed in C.W.J.C. No. 17818 of 2022, whereby the learned Single Judge has not interfered with the order of transfer of the petitioner to another school, 40 K.M. away, but in the same district of Begusarai.

It appears that despite so many years, the appellant has not joined the school and, therefore, is facing departmental proceeding.

So far as the merits of the case is concerned, the learned Single Judge took note of Rule 16 of the Bihar Municipal Body Secondary and Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 and found that on more than two occasions, option was exercised by the appellant for transfer.

In fact, the present transfer, which was challenged by the appellant, was on the ground of her having picked up a fight with another teacher in the same school, viz. Amit Kumar, and, therefore, for better running of the school, both the teachers including the appellant were transferred.

The optional district for the appellant is Begusarai and the school where she has been transferred also falls within the territorial jurisdiction of Begusarai.

For these reasons, we do not find it to be a fit case for interfering with the judgment of the learned Single Judge.

There is no merit in this appeal and is, thus, dismissed.