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Judgment
Affidavit of service filed in Court today is taken on record.
The petitioner is serving as headmaster of Muraliganj High School, Siliguri. He is aggrieved by the transfer order issued by the West Bengal Board of Secondary Education on 9th October, 2026 transferring him to a school in Uttar Dinajpur which he alleges to be 150 kilometers away from his present school.
It has been submitted that the transfer order is punitive in nature. Though Section 10C of the West Bengal School Service Commission Act, 1997 has been invoked but at the same time the petitioner has been made aware that a disciplinary proceeding may be initiated against him.
The allegations or the letter of complaint pursuant to which the disciplinary proceeding may/ will be initiated has not been supplied to the petitioner.
It has been submitted that as the provision of 10C of the said Act has been resorted to, the petitioner could have been transferred to any place which is closer to the earlier school and he ought not to be transferred to a school which is nearly 150 kilometers away.
Reliance has been placed on the judgment delivered by the Hon’ble Supreme Court in the matter of Somesh Tiwari Vs. Union of India & Ors. reported in (2009) 2 SCC 592 wherein the Court clearly held that when an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal.
It has been contended that as no punishment has been imposed upon the petitioner in any proceeding, accordingly, the punitive transfer is liable to be set aside.
Reliance has also been placed on the judgment dated 7th November, 2024 passed by the Hon’ble Division Bench of this Court in WP.CT. 111 of 2022 in the matter of Jugal Krishna Paul Vs. Union of India & Ors. which reiterates the principle laid down by the Hon’ble Supreme Court in the matter of Somesh Tiwari (supra).
Prayer has been made to set aside the impugned order of transfer. In the interregnum it has been prayed that the order of transfer ought not to be given effect to till the writ petition is heard and finally decided by the Court.
Learned advocate representing the School Service Commission submits that the order of transfer implies that the petitioner has been transferred in the interest of public service.
It has also been submitted that the School Education Department has intimated the Board requesting initiation of disciplinary proceeding against the petitioner. The allegations made against the petitioner are immediately not known.
Learned advocate representing the Board and the State intends to revert with instruction in the matter.
As the respondents are yet to receive instruction in the matter, adjudicating the issue at this stage is not possible.
As regards the interim relief sought for by the petitioner, the same cannot be allowed in view of the fact that the School Education Department has also requested the President of the Board of Secondary Education to take disciplinary action against the petitioner on the allegations made against him and on the conduct of the petitioner being the headmaster of the school. The Court is not aware of the charges against the petitioner.
As documents reveal that the authority is contemplating initiating disciplinary proceeding against the petitioner, it may not be proper to permit the petitioner to function as headmaster of the school from where he has been transferred on account of the allegations raised against him.
Whether the transfer will ultimately be upheld or not is a different issue all together. Since the headmaster is the custodian of all records of the school, the petitioner cannot and ought not to be permitted to function as headmaster of the subject school at present.
Today being the last date for joining the transferred school in terms of the impugned order of transfer dated 9th October, 2026, and the petitioner has filed the writ petition after obtaining leave from the Court on 13th October, 2026, the Court extends the date of joining of the petitioner in the transferred school.
As the school will go for the ensuing Puja vacation on and from tomorrow and the petitioner may not be in a position to join the transferred school by today, accordingly, the petitioner shall be permitted to report before the District Inspector of Schools, Secondary Education, Uttar Dinajpur by 28th October, 2026.
The entry of the petitioner in his previous school, that is, Muraliganj High School, Siliguri shall be restricted.
Let the matter be placed before the Circuit Bench on 16th November, 2026. The respondents shall come ready with all instruction on the adjourned date.
Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.