Rajasthan High Court
Pushpendra Singh S/O Late Shri ... vs State Of Rajasthan on 1 October, 2021
Bench: Sanjeev Prakash Sharma
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
(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.
(3 of 4) [CW-3503/2021]
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
(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
Powered by TCPDF (www.tcpdf.org)
