- (1.) The instant petition is directed against the transfer of the petitioners by raising the argument that the Director of the Institute is not competent to order such transfer. In this regard, reliance has been placed on sub-clause (xviii) of Clause 15 of the Constitution (P-2) under the heading, 'Role and Responsibilities of the Institute Managing Committee' (IMC) which deals with 'Transfer of faculty'. It provides that the IMC is to be taken into confidence while transferring the faculty from one institute to another. The transfer order has apparently been passed by the Director, Industrial Training Institute, Karnal. We cannot presume that the aforementioned sub clause (xviii) of Clause 15 of the Constitution has not been complied with because all the official acts of the officers of the Government are presumed to be done in accordance with the Rules. The other argument raised is that, in any case, IMC which is a body required to be taken into confidence before effecting transfer from one institute to another, have no control over the Society controlling the other institute to which place the petitioners have been transferred. In other words, the argument is that the institutes to which the petitioners have been transferred are not under the control of the IMC, and therefore, the petitioner cannot be transferred to an other Society over which the respondents have no control. However, we are unable to accept the aforementioned argument because the transfer has been effected by the Director, Industrial Training and Vocational Education, Haryana, who has over-all control over all the Industrial Training Institutes in the State. The power of the Director is not confined to, or does not necessarily emanate only from sub-clause (xviii) of Clause 15. It transcends all those limits because the Director has pervasive control over all Industrial Training Institutes of Haryana. We further find that the transfers have been ordered in the interest of administrative requirement as the petitioners have earlier been agitating against setting up the society for managing the affairs of the Institute. Therefore, we do not find any substance even in the second argument of the learned counsel.
(2.) In our view, the impugned order of transfer is a simple order of transfer which has been passed in the administrative exigency. Dismissed.;