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High Court Of Himachal Pradesh
VYAS DEV MISRA
A.K.VASUDEVA - Appellant
Versus
STATE OF HIMACHAL PRADESH - Respondent
C. W. P. No. 158 of 1980
Decided On : 09/10/1981
TRANSFER - Mala fide - Political influence - Petitioner, a Principal of a Government Higher Secondary School, challenged his transfer from Subathu to Arki on the ground of mala fides. - Held, transfer was politically motivated and not in public interest - Transfer order quashed.
Fact of the Case:
The petitioner, a Principal of a Government Higher Secondary School, challenged his transfer from Subathu to Arki on the ground of mala fides. It was alleged that the transfer was not on administrative grounds and public interest but in order to adjust Shri L. D. Sharma, Respondent No. 4, Principal Government Higher Secondary School, Arki, at the instance of Shri Chaman Lal, M. L. A., respondent No. 5. It was stated that Subathu falls in the constituency represented by Shri Chaman Lal.
Finding of the Court:
The court found that the transfer of the petitioner was politically motivated and not in public interest. The court noted that Shri Chaman Lal had been meeting the teachers and other staff of the schools at Kasauli and had asked them about the stations where they would like to be posted. The court also noted that Shri Chaman Lal had written to the Director of Education asking for the transfer of various teachers, including the petitioner. The court concluded that Shri Chaman Lal had a role in the petitioner's transfer and that the transfer was not made for administrative reasons or public interest.
Issues: Whether the transfer of the petitioner was mala fide and politically motivated.
Ratio Decidendi: The court held that the transfer of the petitioner was mala fide and politically motivated. The court noted that Shri Chaman Lal had been meeting the teachers and other staff of the schools at Kasauli and had asked them about the stations where they would like to be posted. The court also noted that Shri Chaman Lal had written to the Director of Education asking for the transfer of various teachers, including the petitioner. The court concluded that Shri Chaman Lal had a role in the petitioner's transfer and that the transfer was not made for administrative reasons or public interest.
Final Decision: The court allowed the writ petition and quashed the impugned order directing the transfer of the petitioner to Arki. The State, including the Director of Education, was directed to implement the orders forthwith and direct retransfer of the petitioner to Subathu as Principal of Government Higher Secondary School, Subathu.
V. D. Misra, C. J.—The petitioner, who is a Principal of a Government Higher Secondary School, challenges his transfer from Subathu to Arki on the ground of mala fides.
2. The petitioner joined Higher Secondary School, Subathu, on 24th November, 1977. His wife Devi Rani Sharma, is also working as a Headmistress of Government Girls High School Subathu. It is alleged that the petitioner has been transferred not on the administrative ground and public interest but in order to adjust Shri L. D. Sharma, Respondent No. 4, Principal Government Higher Secondary School, Arki, at the instance of Shri Chaman Lal, M. L. A., respondent No. 5. It is stated that Subathu falls in the constituency represented by Shri Chaman Lal.
3. Shri Chaman Lal was elected in the 1977 elections on the Janta Party ticket from Kasauli Assembly constituency which includes Subathu. In 1980 he defected and joined Congress (I). He was thereafter appointed Chairman of the Himachal Pradesh State Small Industries and Export Corporation Ltd. Previously, when the Janta Party was in power in this State, he was the Parliamentary Secretary.
4. Shri L. D. Sharma, respondent No. 4, is a cousin of one Paras Ram of village Shangri (Solan) who is not only the President of the Gram Panchayat but also is the President of Kasauli Assembly constituency of Congress (I). It is alleged that in his constituency Shri Chaman Lal was afraid of the petitioner who also had unsuccessfully sought Janta ticket in 19/7 elections. This fear is stated to be based on the fact that because of the defection of Shri Chaman Lal to Congress (I) the petitioner was likely to be unhelpful during the coining elections, and Shri L. D. Sharma being cousin of Paras Ram (stated to be the righthand man of Shri Chaman Lal), was thus sought to be brought to Subathu. The petitioner states the following facts in support of his contention: (i) In June, 1980 Shri Chaman Lal visited a number of schools and asked the teachers of his liking whether they would like to be posted at the stations of their choice. Other teachers are said to have resented this attitude of Shri Chaman Lal and the public is said to have made various representations against the conduct of Shri Chaman Lal to various Ministers and others. (ii) On 13th June, 1980 Shri Chaman Lal at Maurice Hotel, Subathu, in the presence of various persons stated that Shri L. D. Sharma, brother of Paras Ram, is to be adjusted at Subathu in place of the petitioner because the petitioner may cot be helpful to him. On the same day Shri Chaman Lal alongwith other Congress (I) workers went to Government Girls High School, Subathu, and had a meeting with the teaching staff and hinted that the petitioner was likely to be transferred. The petitioners wife, who is the Headmistress, requested Shri Chaman Lal that the petitioner may not be disturbed since after a long time they bad been posted at Subathu. (iii) On 26th July, 1980 Shri Chaman Lal was with the Education Minister Shri Shiv Kumar when Narinder Kumar Singla, President of Congress (I), Subathu, gave a written memorandum to the Education Minister requesting that the petitioners transfer should be cancelled. It is stated that Shri Chaman Lal at that time told the Education Minister that the petitioners transfer should not be cancelled since Shri Chaman Lal had to nurse his constituency and he would like to have persons of his choice who would support him. (iv) The transfer order shows that Shri L. D. Sharma, respondent No. 4, has been denied travelling allowance in respect of this transfer on the ground that it was a case of transfer on request, which shows that Shri Chaman Lal must have got him transferred. (v) On 14th August, 1980 the petitioner met Shri Chaman Lal in the shop of Gainda Mull Hem Raj at Simla and latter on met him at the latters house when Shri Chaman Lal is stated to have told the petitioner that his transfer could not be cancelled.
5. The petitioner filed affidavits of S/Shri Narinder Kumar
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