The main legal point established is that a transfer can be deemed punitive if the individual is not given an opportunity of hearing before the transfer.

JUDGMENT :

L. Mohapatra, J. - This is the third journey of the Petitioner to this Court and in this writ application she assails the order of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack dated 19.11.208 passed in O.A. No. 2081 (C) of 2008.

2. The case of the Petitioner is that she was posted in Khannagar High School a year back but by order dated 26.5.2008 she has been transferred to Mahavir Bidyapitha, Mahanga at the behest of O.P. No. 4. She also took a before the Tribunal that she having been posted only a year back in Khannagar High School and having some personal difficulties, the order of transfer should be quashed. Earlier she had approached this Court in W.P.(C) No. 8129 of 2008 and this Court passed an interim order on 17.6.208 directing that she be allowed to continue as Headmistress of Khannagar High School and accordingly she was allowed to continue as such. In the said writ application, a counter affidavit was filed by the State authorities taking a stand that in view of certain allegations received against her, she was transferred on administrative ground. The writ application was disposed of on 14.7.2008 directing disposal of her representation within fifteen days which had also been directed by the Tribunal when she first approached the Tribunal when she first approached the Tribunal in O.A. No. 1173 (C) of 2008. Her representation was disposed on in Annexure-13 in which it was directed that she be accommodation within Cuttack Municipality and if it is not possible, the order of transfer dated 26.5.2008 passed by the Director, Secondary Education by implemented. Challenging the said order, the Petitioner filed the present Original Application. The Tribunal though admitted the Original Application did not grant any interim order. The Petitioner, therefore, approached this Court against in W.P.(C) No. 13035 of 2008 and this Court disposed of the writ application on 9.9.2008 directing the Tribunal to dispose of the Original Application within four weeks and also directed the order of transfer to be kept in abeyance. In pursuance of the said order, the Tribunal took up the Original Application No. 2081(C) of 2008 for hearing and dismissed the same in the impugned order.

3. A counter affidavit was fled before the Tribunal wherein it was stated that a complaint was received against the Petitioner on 20.4.208, on the basis of which the Inspector of Schools, Cuttack conducted an enquiry and a report was submitted to the effect that continuance of the Petitioner I Khannagar High School is detrimental to the academic atmosphere of the School and accordingly an order of transfer was passed. The O.P. No. 4 also filed a separate counter stating therein that he had joined Khannagar High School on 31.5.2008 and he has been posted in the said School in a routine transfer and he has no hand in transferring the Petitioner from Khannagar High School as alleged by her.

4. The Tribunal in the impugned judgment came to a finding the except a bald allegation of male fide, there was nothing more in the Original Application to interfere with the order of transfer and the Director, Secondary Education having taken a decision to transfer the Petitioner from the School in the interest of the School, the Tribunal cannot sit in appeal over such decision and upset the order of transfer.

5. The sole ground taken before this Court challenging the order of transfer is that the same is punitive in nature and could not have been passed without affording an opportunity of hearing to the Petitioner.

6. The learned Counsel appearing for the Petitioner, learned Counsel for the School and Mass Education Department and the learned Counsel for O.P. No. 4 made their respective submissions on the merits of the case.

7. In the additional affidavit filed by the Petitioner, a copy of the counter affidavit filed by the Directorate of Secondary Education in an earlier writ petition is annexed as Annexure-17. In paragraph-7 of the said counter affidavit,