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1979 Supreme(Pat) 150

S.ROY, N.P.SINGH
Rajeshwar Prasad – Appellant
Versus
District Education Superintendent, Patna – Respondent


Advocates appeared:
For the petitioner: Mr. Roy Shivaji Nath.
For the State : Mr. T. Dayal, Government Pleader II with Mr. A.K. Singh Chauhan, Junior counsel to Government Pleader II.

By Court :

This writ application has been filed on behalf of the petitioner for quashing an order dated 25.8.1977, passed by the District Superintendent of Education with prior approval of the Regional Deputy Director of Education transferring the petitioner from Maiden Adarsh Middle School, Danapur to Middle School, Nasriganj, Danapur. A copy of the said order is Annexure 5 to the writ petition.

2. According to the case of the petitioner, he joined the aforesaid Maiden School, Danapur, on 17.8.1969 as Matric trained Assistant teacher. By an order dated 21.5.1975, passed by the Subdivional Education Officer Danapur, he was promoted as Acting Head-master of this school. By another order dated 4.2.1976, passed by the Chairman of Danapur Municipality, according to the petitioner, he was made permanent Headmaster of that school. However, by the aforesaid impugned order dated 25.8.1977 he has been transferred from that school. According to the petitioner, this order is illegal, arbitrary and it amounts to reduction in rank of the petitioner. It has been further stated that the petitioner filed Title suit No. 55 of 1977 in the Court of Munsif, Danapur, making a prayer to restrain the defen










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