R.S. Nim vs State and Others

Rajendra Menon, Judge

Petitioner is working as a Dy. Director in Public Instructions Department Bhopal. Petitioner has been transferred to the post of District Education Officer Mandla. Challenge to the order of transfer is made mainly on the ground that in the district of Mandla, there is no school functioning under the Education Department and, therefore, petitioner cannot be transferred to Mandla. That apart, pointing out that petitioner has been transferred within a period of one and half year in violation to the transfer policy, challenge is made to the order of transfer. Smt. Dubey, learned counsel points out that as the large number of schools are functioning in Mandla and the post of District Education Officer is vacant in District-Mandla, the petitioner is transferred and the same does not warrant any interference by this Court.

Keeping in view the aforesaid grounds raised, this Court is of the considered view that merely on the ground that no Government School under the Education Department is functioning in Mandla, interference by this Court is not called for. It is the ground, which should be raised by the petitioner before the competent authority of the department and it would be for the said authority to consider the grievance of the petitioner and take action on the administrative side.

As far as breach of transfer policy is concerned, in view of the law laid down in the case of R.S. Chaudhary Vs. State of MP and others ILR (2007) MP 1329, I see no ground to interfere into the matter. Accordingly, granting liberty to the petitioner to take recourse to the departmental remedies available, the petition is disposed of.