- (1.) Since the order impugned has been challenged by the petitioners by separate writ applications, the same are being disposed of by a common order. In these writ applications, the petitioners have prayed for quashing the office order as contained in Memo No. 369/Dhanbad dated 12.2.2015, whereby and whereunder the petitioner in WPS No. 706 of 2015 has been transferred from the post of Assistant Teacher, Swatantra Bharat Middle School, Bhaga, Jharia-1 to Upgraded Middle School, Kharmo, Tundi-1. Petitioner in WPS No. 709 of 2015 has been transferred to upgraded Middle School, Panduwa Bejra, East Tundi whereas the petitioner in WPS No. 712 of 2015 has been transferred to upgraded Middle School, Kumardih, Bhagmara. A further prayer has been made challenging the office order as contained in Memo No. 129/Dhanbad dated 18.2.2015 issued by respondent No. 5, whereby and whereunder, the petitioners have been directed to be relieved for joining the transferred post.
(2.) The facts which emanate from the writ application are that the petitioners were appointed as Assistant Teachers in elementary school in 1994. While being posted as Assistant Teachers in Swatantra Bharat Middle School, Bhaga, Jharia-1, petitioners were issued show cause notice by the District Superintendent of Education, Dhanbad as contained in letter No. 2597 dated 22.10.2014, in which allegations were levelled that the petitioners along with others used to prepare the bill of the teachers. Aspersions were levelled against the petitioners to the effect that one Sri Madan Mohan Tiwari was absent for the last two months and the petitioners being Government servants had committed a misconduct by preparing the bill of Shri Madan Mohan Tiwari and getting it passed from the treasury. A reply was immediately submitted by the petitioners wherein it was stated that the petitioners have not prepared the bill, nor they have got the same signed by the Drawing & Disbursing Officer and that the said act was done by the incharge headmaster of the school-Smt. Kalpana Sharma. It was further mentioned in the reply that the petitioners are only involved in the job of teaching the students and since neither the petitioners had the duty of preparing the bills, nor the petitioners had prepared the bills in question, as such the petitioners deserve to be exonerated. Subsequently, however, vide impugned Office Order as contained in Memo No. 369/Dhanbad dated 12.2.2015, the petitioners were transferred from Swatantra Bharat Middle School, Bhaga, Jharia-1 to the schools mentioned in the said Memo dated 12.2.2015.
(3.) Learned counsel for the petitioners has submitted that instead of taking recourse to the provisions as enumerated in the Bihar (Now Jharkhand) State Nationalized Primary Teachers (Transfer & Disciplinary Proceeding) Rules, 1994 as adopted by the State of Jharkhand vide Notification dated 16.2.2011, the respondent authorities by way of punitive measure have transferred the petitioners vide impugned order of transfer dated 12.2.2015. It has further been submitted that the show cause reply submitted by the petitioners was not considered by the department in its proper perspective inasmuch as the petitioners had clearly mentioned in the show cause reply that the preparation and passing of the bills are not within their domain and the said power is vested with the Drawing & Disbursing Officer, who happens to be the incharge headmaster of the school in question. It has also been submitted that since the transfer itself was punitive and stigmatic in nature, the same is not sustainable.;