A transfer order was quashed due to failure to comply with procedural requirements of administrative justice as mandated by the Revised Transfer Policy.

O R D E R

Shri Yogendra Singh, counsel for the applicants and Shri Vinod Mishra, counsel for the respondents are present and heard.

2. The applicants have challenged the impugned transfer order dated 05.06.2024 passed by respondent No. 2 with subsequent relief(s) direct the respondents to permit the applicant to discharge her duties as Lab Attendant in Jawahar Navodaya Vidyalaya, Gautam Budh Nagar where she is presently discharging her duties with full salary and consequential benefits.

3. The facts of case, as submitted by counsel for the applicant, are that the applicant was appointed on the post of Lab Attendant on

03.07.2000 and posted at Jawahar Navoday Vidyalaya, Dhoom Manikpur, Dadri, District Gautam Budh Nagar. Since the appointment, there had been no complaint against the applicant in regard to her working. However, on account of some grudge having been held as against the applicant by the Principal – respondent No. 3, a show cause notice dated 14.03.2024 was issued and only one day was granted for giving her reply. As the time period was too short, the applicant was unable to give the reply within the prescribed time. All of a sudden, now impugned order dated 05.06.2024 has been passed whereby applicant has been transferred from Jawahar Navodaya Vidyalaya, Gautam Budh Nagar to Jawahar Navodaya Vidyalaya, Ghaziabad. As per the applicant, the respondents have passed the impugned transfer order against the revised transfer policy and the transfer order is arbitrary and illegal hence, the applicant has filed the present O.A.

4. Learned counsel for applicant submitted that the applicant is poor lady and on perusal of impugned transfer order, it transpires that on allegation of misconduct, applicant has been transferred, without giving opportunity of hearing, which amount to violation of Article 14, 16 and 21 of the Constitution of India . Learned counsel for the applicant further drew attention of this Tribunal to para-4.1 (c) (iii) of Transfer Policy, which has not been followed by the respondents. Accordingly, the applicant is seeking to quash the impugned transfer order dated 05.06.2024. He further submitted that the applicant has not joined the transferred place.

5. Counsel for the respondents submitted that while working as Lab attendant at Jawahar Navodaya Vidyalaya, District- Gautam Budh Nagar, the work and conduct of the applicant was not consistent or compatible and she was observed and reported to be very negligent in performing her duties and was not efficient and responsible towards the assigned duties. The applicant was also found habitual of being on unauthorized absence from the campus on the daily basis as she used to come and leave the school as per her own will. The applicant is very arrogant and retaliatory in behavior while on duty even teachers of Physics and Chemistry were afraid to talk with her as reported by the Principal and she also used threatening language to the Principal. The applicant was reluctant to do any alternate duty as assigned by the higher authority in the Vidyalaya. The respondents submitted that there are a series of Office Orders/Advisory/Warning issued by the different authorities. Against the applicant, an advisory note dated 28.04.2010 was issued by the then Principal for prohibiting use of abusive language to her seniors and others. The respondents submitted that the applicant is a local resident of the same District and for that reason, she crippled the school atmosphere. The absence of the applicant, in the Vidyalaya campus was hampering proper use of laboratory for students and therefore she was provided residence in the Vidyalaya Campus and ordered to devote enough time towards her prime duties and helping in Vidyalaya day to d