HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3503/2021
Pushpendra Singh S/o Late Shri Dharam Singh, Aged About 38
Years, R/o Plot No. 90 Dev Nagar, Opposite Sanganer Station,
Jaipur (Rajasthan), At Present Working On The Post Of Senior
Clerk At Government Senior Secondary School, Balabala,
Sanganer, Jaipur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Secondary
Education Department, Govt. Secretariat, Jaipur
(Rajasthan).
2. Director, Secondary Education, Rajasthan Bikaner.
3. Joint Director, School Education, Jaipur Division, Jaipur
Rajasthan, Bikaner.
4. District Education Officer, Secondary Education, Jaipur
(Rajasthan).
5. Chief Block Education Officer, Sanganer, Jaipur(Rajasthan)
----Respondents
For Petitioner(s) : Mr. Pradeep Mathur
For Respondent(s) : Mr. Rupin Kala, GC
Mr. Rahul Sehra for Mr. Ganesh
Meena, AAG
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 01/10/2021
1. The petitioner by way of this writ petition has assailed the order dated 04.02.2021 passed by the Chief Block Education Officer, Sanganer whereby the petitioner as Senior Assistant (UDC) was relieved from the Government Senior Secondary School, Balawala, Sanganer and directed to mark his attendance with the Joint Director, School Education Department, Jaipur Division, Jaipur (Rajasthan) and the order dated 16.02.2021 whereby the petitioner was posted to Government Senior (Downloaded on 08/10/2021 at 08:42:35 PM) (2 of 4) [CW-3503/2021] Secondary School, Chandma Kalan School, Phagi, Jaipur and also against the order dated 10.03.2021 passed by the Rajasthan Civil Services Appellate Tribunal whereby his appeal preferred against the aforesaid two orders was rejected by the Tribunal.
2. Learned counsel for the petitioner submits that the petitioner who was working as a Senior Assistant and is a disabled person having more than 40% disability, was wrongfully placed under awaiting posting order and wrongfully shifted to Phagi from Balawala, Sanganer. The petitioner submits that he had made complaints against the Principal of harassing him and the order impugned dated 04.02.2021 has been passed based on complaints of the local MLA of Bagru Vidhan Sabha and the villagers which cannot be a basis to transfer the petitioner.
3. Learned counsel further submits that the conditions under Rules 25A are not existing so as to place the petitioner under awaiting posting order. Learned counsel further submits that no reasons have been assigned and no opportunity of the hearing was provided to the petitioner before passing the said orders.
4. Per contra, learned counsel appearing for the respondents have filed a detailed reply and it is stated that the petitioner has remained posted since 2015 at the present place of posting from where he has been posted to nearby place of Phagi. There were several complaints against the petitioner of misbehaviour in the school. Several complaints have been placed as Annexure R1 with the reply.
5. It is stated that the Peon of the school namely, Gopal Lal Pandey has lodged a criminal case against the petitioner and an FIR has been registered against him under Sections 166, 189, 323, 332, 333, 353, 452, 387 & 120B IPC.
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6. It is also informed that the petitioner has also lodged a criminal case against the Principal and other staff members of school.
7. Upon receiving complaints, the Chief Block Education Officer, Sanganer, District Jaipur directed the Principal for conducting a fact finding inquiry into the allegations who has submitted its report and the allegations levelled by the petitioner against the Principal were not found to be genuine and without evidence. The Inquiry Officer in its report has submitted that so far as allegations against the petitioners are concerned they have been supported by the report received from other staff members who have stated that the petitioner has been misbehaving with the Principal. Upon such inquiry, report has been given that the educational atmosphere of the school is being seriously disturbed and the staff members are finding it difficult to perform their duties ably. In view thereof, the petitioner was directed to submit his joining report to the Office of the Joint Director who has transferred the petitioner to Phagi in the same District Jaipur (Raj.).
8. I have considered the submissions.
9. This Court finds that the Tribunal has examined the above aspects and reached to the conclusion that the transfer of the petitioner was proper and in accordance with law. It was done to maintain cool atmosphere in the school. The petitioner has been found to have misbehaved with the Principal and other staff members including the Class IV employee. Transfer of the petitioner on such grounds can be done and the other alternative available with the authorities could be either to suspend him or to initiate inquiry against him. The judgment cited by learned counsel for the petitioner in the case of namely Hemendra Kumar (Downloaded on 08/10/2021 at 08:42:35 PM) (4 of 4) [CW-3503/2021] Trivedi Versus State of Rajasthan & Anr. (S.B. Civil Writ Petition No.11114/2016), interim orders passed by this Court in Ajeet Prasad Vashistha Versus The Commissioner, Rural Development and Panchayati Raj, Department (S.B. Civil Writs No.23030/2018) dated 12.10.2018 and in Rishikesh Meena vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.15667/2016) dated 15.11.2016 are found to be of no avail as each case has to be examined on its own facts. Learned counsel also informed that even the Principal was transferred out of the District although in the enquiry complaint by petitioner against him was not found genuine. She has filed a writ petition before this Court wherein an interim order was passed in her favour.
10. Be that as it may, so far as the petitioner is concerned, this Court finds that it would be in the interest of the administration to shift him from the present school where he was working namely Government Senior Secondary School, Balawala, Sanganer and he has been transferred to a nearby school only at Phagi which is in the same district.
11. It is made clear that the respondents shall be free to take action for non-joining of the petitioner for last six months.
12. Keeping in view thereto, no case for interference is made out. The writ petition is devoid of merits and the same is accordingly dismissed. All pending applications, if any, stand disposed of.
(SANJEEV PRAKASH SHARMA),J SAURABH/70 (Downloaded on 08/10/2021 at 08:42:35 PM) Powered by TCPDF (www.tcpdf.org)