Calcutta High Court (Appellete Side)
Smt. Dipika Bala Biswas vs The State Of West Bengal & Ors on 8 October, 2021
08. 10 . 2021
W
BP WPA 17282 of 2021
Unlisted
Court No. 17. (Via Video Conference)
Smt. Dipika Bala Biswas
Vs.
The State of West Bengal & Ors.
Mr. Robiul Islam
Mr. Shamiul Bari
Ms. Molly Saha
...for the petitioner.
Mr. Pinaki Bhattacharya
..for DPSC.
Mr. Santanu Mitra
Mr. Avishek Prasad
..for the State.
The matter has been taken up on the ground of
urgency treating it as on day's list.
The petitioner is a primary school teacher. He
works in a school which is under Barasat West Circle. By
a letter of the Secretary, North 24 Parganas, District
Primary School Council dated 7th October, 2021
(annexure P-4 of the writ application) she has been
transferred to another school which is under Habra-II
Circle.
The petitioner has challenged transfer on the
ground that this is her 3rd transfer order and previously
she was transferred twice, once in the year 2002 and
again in the year 2011. She joined service in the year
2
1998. She has also submitted that except the expression
'administrative ground' nothing has been disclosed as to
why she has been transferred. I have seen the transfer
order which is an office memorandum (annexure P 4) and
I have also found that there is no specific reason given in
the said transfer order.
Learned advocate for the State, Mr. Mitra and
learned advocate for the DPSC, North 24 Parganas, Mr.
Bhattacharya have vehemently objected to such prayer of
stay of operation of this transfer order by saying that
always in respect of the government officers and also
teachers, on the administrative grounds, such transfers
are made and administrative ground has been a sufficient
reason for such transfers. They have also relied upon a
judgment delivered by one learned Single Judge of this
court in WPA 14486 of 2021 wherein the court held that
unless an order is a punitive one, reasons are not
required to be disclosed.
Mr. Mitra submits this transfer order is not a
punitive one and the reason is not required to be
disclosed.
It is not known whether this transfer order is a
punitive one or not. No such fact appears from the said
transfer order. I hold, when a transfer order has been
challenged before the court and when there is no release,
as has been submitted by the petitioner, till date (unlike
3
the order passed in WPA 14486 of 2021), I am of the view
that the reasons are to be disclosed before this court and
unless such reasons are disclosed, the order of transfer
cannot be given effect to, meaning thereby this transfer
order shall remain stayed. I pass this order of stay for a
limited period till 16th November, 2021.
On the next adjourned date the concerned District
Inspector of Schools will file a report in the form of an
affidavit disclosing the reason including the student
teacher ratio as has been submitted by the said Council.
Such question of fact as to student teacher ratio of the
present school of the petitioner and transferred school of
the petitioner is a pure question of fact which should
come before this court under an affidavit.
With the above interim order, this matter is
adjourned till 10th November, 2021. The respondents
have the liberty to file application for vacating and/or
variation and/or modification of the interim order passed.
Though such liberty is granted when ex parte order is
passed, I grant such liberty in this matter considering the
objection of the respondent no. 4.
List the matter on 10th November, 2021.
(Abhijit Gangopadhyay, J. )
Rul
