AI Structured Summary
Not yet generated for this judgment
Judgment
Heard.
Issue notice to the respondents as per rules. As Shri Dhiraj Wankhede, Government Advocate takes notice on behalf of the State, PF need not be paid.
Learned Government Advocate prays for four weeks' time to file reply.
Also heard on application for grant of interim relief.
Learned counsel for the petitioner submits that on the basis of a complaint by one government employee, criminal case bearing Crime No.776 of 2017 under Section 376 of the IPC has been registered against the petitioner. The petitioner was arrested and subsequently released on bail. The complainant was examined by learned trial Court and her evidence is closed vide Annexure P/3 dated 09.07.2018. He further submits that vide impugned order dated 13.12.2018 which has been passed by the District Education Officer mentioning therein that looking to the possibility of interference in the work, the petitioner has been transferred and the said impugned order is arbitrary in nature and the ground shown for transfer of the applicant does not exist after examination of the prosecutrix before the learned trial Court. Therefore, he prays for staying effect and operation of the impugned order dated 13.12.2018.
Learned Government Advocate opposes the application for grant of interim relief.
Looking to the circumstances, as an interim measure, no coercive steps be taken against the applicant in pursuance of impugned order (Annexure P/1) till the next date of hearing.
List immediately after four weeks.
Application for urgent hearing and application for hearing the case during winter vacation stand disposed off.