Mary Margaret Raphail vs State of Bihar and Others

S.J. Mukhopadhaya, J.—Heard the counsel for the Petitioner the State and the intervener, Smt. Vimla Kumari.

As the case can be disposed of on short point, it is not necessary to discuss all the facts claim and counter claim of the parties except the relevant one.

The Petitioner has been transferred, vide impugned Memo No. 258(6) dated 31st December, 1999 from the post of Principal, A.N.M. School, Madhubani to G.N.M. School, Darbhanga. Along with her, a number of persons were transferred, including intervenor-Vimla Kumari, who has been posted in the A.N.M. School, Darbhanga in place of Petitioner.

In the counter affidavit filed on behalf of the Respondents, plea has been taken that on the basis of complaint received from M.L.As. and Civil Surgeon, the case of the Petitioner was duly examined and verified by Establishment Committee headed by the Director-in-Chief, Health Services, Bihar, Patna and considering all aspects of the matter it was decided to transfer the Petitioner on administrative ground.

In the impugned order, reference of a so called Court''s order passed by this Court has been shown, though no such order was passed by this Court. The impugned order further shows that it has been issued on the basis of certain allegations, as were leveled against the Petitioner, as supported by counter affidavit, that too at the instance of one M.L.A.

In the circumstances, the transfer having made alleging misbehavior on the part of the Petitioner, the same cannot be sustained in view of proviso (1) to Rule 56 of Bihar Service Code.

Though it was open to the Respondents to take disciplinary action against the Petitioner for alleged misbehavior, on the recommendation of the M.L.A., but had no jurisdiction to transfer on such ground. On such recommendation of M.L.A. for alleged misbehavior, the transfer so made, cannot be stated to be a transfer on administrative ground.

In the result, I set aside the impugned order of transfer dated 31st December, 1999, so far as it relates to Petitioners and the posting of intervener, Smt. Vimla Kumari is also set aside. The Petitioner, thereby be treated to be continuing as Principal of A.N.M. School, Madhubani till any order is passed, in accordance with law.

This order will not stand in the way of the Respondents to pass any order, in accordance with law.

The writ petition is allowed.