KIRAN BALA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2011-9-24
HIGH COURT OF RAJASTHAN
Decided on September 13,2011

KIRAN BALA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) In this writ petition filed by the petitioner, the petitioner has prayed for quashing impugned order dated 12.10.2010, Annex. 22 and prayed that the respondents may be directed to permit the petitioner to join duties at Bikaner in pursuance of order dated 20.8.2010. The writ petition was listed in the Court on 16.11.2010. On that date, while admitting the writ petition notices were issued and following interim order was passed: In the meanwhile and until further orders, operation and effect of order dated 12.10.2010 passed by the Director, Secondary Education, Rajasthan, Bikaner shall remain stayed. The Director, Secondary Education, Rajasthan, Bikaner as directed as an interim measure to allow the petitioner to continue on the promotional post in his office at Bikaner. As per facts of the case, the petitioner was working on the post of Senior Teacher (Physical Education) in the Education Department and in the month of July 2008 the petitioner made a complaint against the Principal, Government Girls Sr. Secondary School, Pachpadra and District Education Officer (Secondary), Barmer regarding harassment meted out to her by them. A prayer was made by the petitioner to hold inquiry against them and till the enquiry is concluded he may be posted in the office of Deputy Director (Secondary), Jodhpur. Upon the said complaint made by the petitioner, vide order dated 15.7.2008 Joint Director (Training), Secondary Education, Bikaner directed initiation of inquiry against the Principal, Government Girls Sr. Secondary School, Pachpadra and District Education Officer (Secondary Education), Barmer and during the pendency of that enquiry the petitioner was ordered to be kept under awaiting posting order at the office of Deputy Director (Secondary), Jodhpur. The petitioner accordingly joined duties at Jodhpur.
(2.) On 17.9.2008, the petitioner was posted at Government Girls Higher Secondary School, Bilara and in pursuance of order dated 17.9.2008 the petitioner was relieved from the office of Deputy Director (Secondary), Jodhpur on 19.9.2008. During the pendency of the inquiry, the petitioner was again posted in the office of the Dy. Director (Secondary Education), Jodhpur vide order dated 24.4.2010 and, in pursuance of order dated 24.4.2010, the petitioner joined duties at Jodhpur. The petitioner was permitted to mark her attendance in the office of the Deputy Director (Secondary), Jodhpur till 2.5.2010 and, thereafter, by verbal order dated 3.5.2010 the petitioner was asked to join duties at Bilara. When the petitioner asked for supplying her copy of the order the same was not supplied to her on 4.5.2010, the petitioner sent telegram for permitting her to join the duties but the petitioner was not allowed to join duties.
(3.) In the aforesaid circumstances, the petitioner submitted an application under Right to Information Act for supplying her certain information including copy of order dated 3.5.2010. In pursuance of the application filed by the petitioner, on 18.5.2010, the petitioner received order dated 3.5.2010 which is sent through registered post, whereby, the petitioner was relieved for training for census work and that training was for 2 days only. After 15.5.2010, there was summer vacation, therefore, the petitioner went to Bilara after summer vacation number of times for joining her duties but she was not permitted to join duties. In such compelling circumstances, the petitioner submitted a representation on 15.8.2010; but, vide order dated 20.8.2010, the petitioner was promoted to the post of Lecturer (Physical Education) and posted in the office of Director, Secondary Education, Bikaner as APO.;


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