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1982 Supreme(Ori) 159

P.K.MOHANTI, B.N.MISRA
MISS. SHANTIPRIYA KAR – Appellant
Versus
DIRECTOR OF PUBLIC INSTRUCTION (SCHOOLS) – Respondent


Advocates Appeared:
S.C. Dash and B.K. Patnaik, for the Appellant; Additional Government Advocate, for the Respondent

JUDGMENT :

P.K. Mohanti, J. - An order of transfer of the Petitioner, who is a Primary School Teacher, is challenged in this writ petition. The order was passed on 27-5-1982 by opposite party No. 2 the District Inspector of Schools (vide Annexure-E) and it was communicated to the Petitioner on 29-5-1982 by the Block Development Officer, Cuttack Sadar (vide Annexure-I). She was directed to be relieved of her duties with effect from the afternoon of 31-5-1982 and to join her new station immediately.

2. It is alleged that the transfer is the outcome of mala fides of opp. party No. 3 Shri H.B. Singh. the Sub-Inspector of Schools, Cut tack Sadar, Bidyadharpur Circle. It is also alleged that opp. party No. 2 was not competent to pass the order of transfer inasmuch as under Government order No. 36100 dated 14-12-1967 it is the Block Development Officer alone who can transfer a teacher within the Block. It is further alleged that the order of transfer has been passed as a measure of punishment. According to the Petitioner Shri G.C. Das, the former District Inspector of Schools, Cut tack made a false report against her to the Superintendent of Police, Cuttack upon which a criminal case under






































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