USHA Vs. STATE OF BIHAR

LAWS(SC)-1997-1-3

SUPREME COURT OF INDIA

Decided on January 06,1997

USHA KUMARI Appellant

VERSUS

STATE OF BIHAR Respondents

JUDGEMENT

G.N.Ray, G.B.Pattanaik,J. - (1.) LEAVE granted.
(2.) HEARD learned Counsel for the parties. By Order dated December 11, 1992, the respondent No. 3 Smt. Mala Sinha who was Incharge of the Project Kanya Uchya Vidyalaya, Naubatpur (Nagawan) Patna was transferred from the said School from the date of issue of the order by the Director, Secondary Education. Previously, the Director of Secondary Education also held that the said Respondent No. 3, should be transferred from the aforesaid School. The order of transfer of Respondent No. 3, was made by considering the facts and circumstances contained in the report of the Director of Secondary Education, Bihar dated January 25, 1991. Such order of transfer was cancelled by the respondent No. 4, the Minister of Primary. Education, Human Resources Development Department, Government of Bihar. We directed the learned Counsel for the State of Bihar to produce the records for the purpose of ascertaining the reasons which impelled the concerned Minister to set aside the order of transfer passed against the respondent Mala Sinha. It, however, appears that no reason has been indicated as to why the order of transfer was required to be set aside. It was only indicated that for special circumstances the order of transfer was to be cancelled. As it appears that the order of transfer was made on the basis of adverse report against the working of the said teacher against the interest of the School and such reasons do not appear to have not been taken into consideration for cancelling the order of transfer, in our view, the order of cancellation of the order of transfer appears to be unjust and arbitrary, without being informed by any valid reason. We, therefore, set aside such order of cancellation of the order of transfer. The learned Counsel appearing for the respondent Mala Sinha has submitted that she should be given posting in some Schocl. It is not necessary for us to make any observation on such prayer. It will be open to her to make representation before the appropriate authority for suitable posting. The appeal is accordingly disposed of. Order Accordingly;

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