Harmohini Thakur vs State of H.P.

Rajiv Sharma, Judge

The petitioner has challenged her transfer from Government Senior Secondary School, Jassai to Government Middle School, Kutharna, dated 02.05.2012. Mr. Sanjeev Bhushan, learned counsel for the petitioner has strenuously argued that his client has to retire within a period of one year and as per the transfer policy framed by the State Government, an incumbent, who has to retire within a period of two years, his/her option of choice of station is required to be obtained. We have ordered the State to produce the record. The record has been produced. We have gone through the record carefully. A memorandum was issued to the petitioner under Rule-14 of the CCS (CCA) Rules, 1965 on 28th September, 2011. The Article-1 reads thus:

ARTICLE -1

That the said Smt. Harmohini Devi, while working as Drawing Teacher in Govt. Sr. Sec. School, Jasai, Tehsil Baroh, Distt. Kangra, H.P. during the period she had disobedience of superior orders, misbehaviour with colleagues, use of abusive language towards colleagues and other staff, use of abusive language to harass the school students, Misbehaviour with students guardians, make attempts to threaten staff and students, reluctant and refrain to perform Govt. duties fairly and use of caste word. Thus the said Smt. Harmohini Devi, Drawing Teacher has violated Rule 3(1)(i)(ii) and (iii) of CCS (Conduct) Rules, 1964.

The charge-sheet was issued by the Deputy Director of Elementary Education, Kangra at Dharamshala. Smt. Poonam, Principal, Government Senior Secondary School, Karoa and Sh. Nirmal Kishore, Principal, Government Senior Secondary School, Muhal were appointed as Inquiry Officer and Presenting Officer, respectively. The inquiry was conducted by Smt. Poonam, Principal, Government Senior Secondary School, Karoa. She recorded the statements of Principal, Government Senior Secondary School, Jasai, staff members of GSSS, Jassai, President, SMC, GSSS, Jassai, Distt. Kangra, Shri Sharwan Kumar, father, Smt. Maya Devi, Lect. (Math), Sh. Madan Lal, T.G.T., Students of GSSS, Jassai and collective statement of SMC, Members, GSSS Jassai. The statement of the petitioner was also recorded. The Inquiry Officer has concluded vide her report dated 16th December, 2011 that the behaviour of the petitioner with the Principal, School staff, students and even parents of the students seems to be abnormal, which was not expected from a Government servant. It is in these circumstances, that the petitioner has been transferred from Government Senior Secondary School, Jassai to Government Middle School, Kutharna to restore the academic environment.

Petitioner is a teacher. A teacher cannot misbehave with the superiors, students and their guardians. The inquiry has been made strictly in conformity with principles of natural justice. Petitioner has also been heard and her statement was recorded. The guidelines framed by the respondent-State are not statutory. Though, in normal circumstances, these are required to be followed. However, in the present case, the circumstances were extraordinary, requiring immediate transfer of the petitioner from Government Senior Secondary School, Jassai to Government Middle School, Kutharna. The administrative reason to transfer the petitioner was to restore normalacy in the School. The petitioner cannot be permitted to vitiate the academic atmosphere. Ordinarily, a teacher should not be transferred if has less than two years to superannuate, but in exceptional circumstances, it would be open to the State Government to transfer the teacher in larger public interest and administrative exigency, even if he/she has to retire within a period of two years. The scope of judicial review in transfer matters is limited. The power to transfer is coupled with duty to ensure judiciousness and fairness. The transfer of the petitioner is purely on administrative ground and this Court will not substitute its own wisdom. Accordingly, in view of the observations and discussions made hereinabove, we see no merit in this petition and the same is dismissed. However, it shall be open to the petitioner to make a representation seeking her posting in a School where a clear vacancy is available, including at Government Senior Secondary School, Baba Baroh. The pending application(s), if any, also stands disposed of.