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Sunday, 25 November 2012

Status of CIVIL WRIT PETITION 10401 of 2012 INDERJEET KAUR Vs. STATE OF HARYANA AND OTHERS


PUNJAB & HARYANA HIGH COURT
CASE STATUS INFORMATION SYSTEM
Case Status :  DISPOSED
Status of          CIVIL WRIT PETITION   10401        of    2012    
INDERJEET KAUR                 Vs.                  STATE OF HARYANA AND OTHERS
Pet's Adv.     :   JITENDER DHANDA                   
Date of Disposal :     Wednesday, September 12, 2012
Last Listed On :     Wednesday, September 12, 2012
List Type :  Ordinary     

FIR No. :   NO FIR DETAILS AVAILABLE / NOT A CRIMINAL CASE
   

Category :  GOVT SERVICE (HY)-sb     

Bench for Next Hearing Dt :  MR. JUSTICE AUGUSTINE GEORGE MASIH,---,---     Bench Sl. No : 243     

Bench for Last Hearing Dt :  MR. JUSTICE AUGUSTINE GEORGE MASIH,---,---     Bench Sl. No : 235     
CONNECTED APPLICATION (S)
  CM   10938-CWP    of  2012
CONNECTED MATTER (S)

No Connected Cases.
    
Case Updated on:   Wednesday, September 12, 2012 


IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
        
CM No. 10938 of 2012 in/and
CWP No. 10401 of 2012
       Date of Decision : 12.9.2012  
Inderjeet Kaur ....... Petitioner(s)
Versus
State of Haryana and others ..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Jitender Dhanda, Advocate, for the applicant-petitioner.
Ms. Shruti Jain, AAG Haryana.
AUGUSTINE GEORGE MASIH, J. (ORAL)
CM No. 10938 of 2012
Prayer in this application is for placing on record Annexures-P4
to P-6.
Prayer granted.
Annexures-P4 to P-6 are taken on record.
Application stands disposed of.
CWP No. 10401 of 2012
Petitioner has approached this Court impugning the order dated
22.5.2012 (Annexure-P-2), passed by the Commissioner and Secretary to
Government of Haryana, Department of Education-respondent No. 1
transferring the petitioner from Government Senior Secondary School,CWP No. 10401 of 2012 -2-
Kharak Punia, District Hisar to Government Senior Secondary School, Dhand,
District Fatehabad, on administrative ground.
Upon notice issued by this by this Court, reply has been filed on
behalf of respondents, wherein it has been stated that the petitioner was
transferred on the basis of a Resolution dated 1.4.2012 (Annexure-R-1),
passed by the Gram Panchayat Kharakpunia, Block Barwala (Hisar). Perusal
of the said Resolution would show that the Gram Panchayat had made a
grouse that the petitioner who is the Principal of the School misbehaves with
the other staff members and uses abusive language. She neither makes sports
registration nor takes interest or action in any of the activities. Even the grant
sanctioned by the Government for constructing the boundary wall had lapsed
because of inaction on the part of the petitioner. On this basis, transfer of the
petitioner was sought.  
On a question being put by the Court to the counsel for
respondents as to whether any of these allegations was enquired into by the
respondents before passing the order of transfer, counsel for respondents, on
instructions from Shri Rikhi Pal, Clerk, states that none of these allegations
was enquired into or verified.
Counsel for the petitioner has referred to Annexure-P-6, the test
sheet for School Round of Sports and Physical Aptitude Test where students
of the School had participated and two of the students of the School were
selected which indicates that the petitioner has been taking interest in the
sports activities. A specific question has been put by the Court as to whether
any complaint has been received from any staff member of the School against
the petitioner, to which counsel for respondents on instructions from Shri
Rikhi Pal, Clerk, states that there is none. It has not been enquired into as toCWP No. 10401 of 2012 -3-
whether any grant was ever sanctioned by the Government for construction of
the boundary wall of the School.
In the light of the above facts, order of transfer of the petitioner
cannot sustain, as the respondents merely on a Resolution passed by the Gram
Panchayat, proceeded to pass the order of transfer of the petitioner without
even verifying any of the allegations which have been made against the
petitioner in the complaint. Sorry state of affairs on the working of the
department has come to light where action has been taken by the respondents
merely on a Resolution passed by the Gram Panchayat. It appears that Gram
Panchayats have now started running the administration of the education
department which is highly depreciated. Without saying anything further, the
competent authority while passing the transfer orders, must apply its
independent mind and on verification of the allegations, if found correct,
should proceed to take action.  
The impugned order of transfer dated 22.5.2012 (Annexure-P-2)
is hereby quashed and the writ petition is allowed.
(AUGUSTINE GEORGE MASIH)
JUDGE
12.9.2012
sjks




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