C.S.KARNAN,J. - (1.) The short facts of the case are as follows: The petitioner submits that he has been appointed as an Assistant Teacher at the Primary School under Contai East Circle on 02.11.2012 by the Chairman, District Primary School, the 7th respondent herein. The petitioner further submits that he has rendered teaching service to the satisfaction of students as well as to his superior. His father is a political leader and he was attached to the present Ruling Party of the State. Before the recent past election he left the party and joined another political party and contested the last recent election. Hence due to political grudge a fabricated complaint has been created for his transfer from present place to another place. The petitioner further submits that on the basis of false complaint the transfer order had been issued. The petitioner further submits that he has requested his superiors namely head of the Institution under Sub -Inspector of Schools to furnish here copy of the complaint, the same was not complied with. Hence the petitioner filed the above writ petition for cancelling the transfer order.
(2.) On the side of the respondents no counter statement has been filed. The highly Competent Counsel Mr. Asoke Banerjee appearing for the petitioner submits that the respondents had issued the transfer order due to political influence since his father was attached to the ruling party as a predominant leader, who left the party and joined D.S.P. Party and also contested in the recent past election from the said party against the present ruling party. As such due to vengeance against the petitioner's father the petitioner has been victimised by way of issuing transfer. The learned Counsel further submits that from the place of transfer to the present working place about 130 K.ms. away. Further the transfer order had been issued on 24.06.2016 i.e. middle of the year. The Chairman of the Primary School has no authority to issue transfer order. Supporting his contention the learned Counsel has cited a judgment in M.A.T. No.667 of 2012 of Calcutta High Court. There is no doubt that under the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001, appointing authority is the Chairman of the respective Primary School Council. The aforesaid rule has no manner of application in the matter of issuing transfer order to a primary school teacher. The learned Counsel further submits that the respondent has issued transfer order in an arbitrary manner. In addition the transfer order had not been issued in the interest of students' education or better administration but due to political grudge, the transfer order has been issued. After issuing the transfer order the petitioner's health condition has been affected as such he applied for medical leave. Further the transfer order has been sustained under the law since the Chairman of the Primary School has no exclusive power to transfer any teacher to some other school. As such the transfer order cannot be executed. Further the impugned order is in violation of Rule 4 of the West Bengal Primary School. Hence the highly competent Counsel entreats the Court to set aside the impugned transfer order.
(3.) Mr. S.S. Arefin appearing for the State submits that the parents of the students have made serious complaint against the petitioner herein stating that the petitioner is highly irregular in attending school and also used to come to the class well after the class being started, in addition the petitioner is beating the students miserably and using abusive language to them. As such, the atmosphere of the school and its administration has become totally disturbed. Hence the transfer order is being issued which is suitable for execution.;