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MANOJIT BHUYAN
Gobinda CH. Kalita – Appellant
Versus
State of Assam & Ors. – Respondent
Question 1? Question 2? Question 3?
Key Points: - The order of transfer can be set aside if malice in law is proven and not based on germane factors (!) [14000238090011] - A transfer does not escape interference when it is issued in lieu of punishment based on anonymous complaints, without proper procedure or opportunity to rebut (!) [14000238090006] - The court can direct restoration of the employee to original post and payment of pending salary when transfer is found illegal, along with steps for salary for the interim period [14000238090013][14000238090014][14000238090015]
2. According to the petitioner, he was appointed on regular basis as an Assamese Language Teacher in the year 1994 at Sri Aurobindo Vidyamandir High School, Ulubari, which is a Bengali Medium Linguistic Minority Educational Institution, administered by its Managing Committee. At the relevant time he was also nominated as a member of the School Management and Development Committee (SMDC) by orders of the Inspector of Schools, Kamrup District Circle.
3. The ground of challenge to the order of transfer dated 26.4.2013 is that it stands vitiated on the principle of malice in law and not being based on any factor germane for passing the order of transfer. It is contended that the order transferring the petitioner out of Sri Aurobindo Vidvamandir High School, Ulubari was passed by way of or in lieu of punishment on the basis of undisclosed
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