Allowed¶36

Smt. Sushma Asha Manila Khalko v. State of Chhattisgarh

Chhattisgarh HC24 Jan 2024WPS/70/2024

Case brief

AI extract

What is this about?

Attachment of school Principal held impermissible; District Education Officer, Jashpur attachment order dated 05.06.2023 and Block Education Officer, Bagicha relieving order dated 19.12.2023 set aside; Govt. Higher Secondary School Mahadevdand / Kurdeg; State Government circulars dated 04.06.2001 and 22.02.2022; complaints by students and villagers; liberty to take action per rules; WPS No. 3910 of 2023 and WPS No. 70 of 2024; Chhattisgarh service and education law.

What did the court decide?

Both writ petitions allowed and disposed of; the attachment order dated 05.06.2023 and the subsequent relieving order dated 19.12.2023 set aside, with liberty to the respondents to take appropriate action against the petitioner in accordance with rules and law. ¶36

Smt. Sushma Asha Manila Khalko Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the order of attachment dated 05.06.2023 passed by the District Education Officer, Jashpur without authority and contrary to the State Government circulars dated 04.06.2001 and 22.02.2022 is liable to be set aside. +1 more

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Court's answer

The order dated 05.06.2023 is an order of attachment, which is not permissible in the light of the circulars dated 04.06.2001 and 22.02.2022.

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Ratio / Principle

Consequently, the order dated 05.06.2023 and the subsequent order dated 19.12.2023 passed by the Block Education Officer are both set aside.

¶34

Key takeaways

The respondents remain free to take any appropriate action against the petitioner as permissible in accordance with rules and law.ratio¶35

Detailed headnote1 paragraphs

Chhattisgarh High Court, Bilaspur (Arvind Singh Chandel, J.), common order dated 25.01.2024 in WPS No. 3910 of 2023 and WPS No. 70 of 2024 - Service law - Attachment of a serving Principal. The petitioner, Principal, Govt. Higher Secondary School, Mahadevdand (District Jashpur), was attached by order dated 05.06.2023 of the District Education Officer, Jashpur to Govt. Higher Secondary School, Kurdeg, Block Bagicha, on the basis of complaints by students and villagers; during pendency of the first petition, the Block Education Officer, Bagicha ordered her relief (19.12.2023) to join the attached place. Held: perusal of the order dated 05.06.2023 shows it to be an order of attachment, not permissible in the light of the State Government circulars dated 04.06.2001 and 22.02.2022; accordingly both the attachment order and the subsequent relieving order dated 19.12.2023 are set aside. The respondents were left free to take any appropriate action against the petitioner as permissible in accordance with rules and law. Both writ petitions allowed and disposed of.

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

WPS No. 3910 of 2023

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Smt. Shushma Asha Manila Khalko W/o Kamalchand Khalko Aged About 58 Years Principal Government Higher Secretary School, Mahadevdand, Block- Bagicha, District- Jashpur, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, School Education Department Mahanadi Bhavan, Mantralaya Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh

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Director Public Instruction Directorate Indrawati Bhavan, Chhattisgarh, Atal Nagar, Raipur, Chhattisgarh

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Collector, Jashpur District- Jashpur, Chhattisgarh

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District Education Officer, Jashpur District- Jashpur, Chhattisgarh

---- Respondents

AND

WPS No. 70 of 2024

Smt. Sushma Asha Manila Khalko W/o Kamalchan Khalko Aged About 58 Years Occupation Principal Government Higher Secondary School, Mahadevdand, Block Bagicha, District - Jashpur, Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, School Education Department Mahanadi Bhawan, Mantralaya, Atal Nagar Naya Raipur, District - Raipur, Chhattisgarh.

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Director, Public Instruction Directorate, Indrawati Bhawan, Chhattisgarh, Atal Nagar, Raipur, Chhattisgarh.

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Collector, Jashpur, District - Jashpur, Chhattisgarh.

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District Education Officer, Jashpur, District - Jashpur, Chhattisgarh.

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Block Education Officer, Block Bagicha, Jashpur, District - Jashpur, Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Awadh Tripathi, Advocates For Respondent/State : Ms. Shailja Shukla, Dy. G.A.

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Hon'ble Mr. Justice Arvind Singh Chandel

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ORDER ON BOARD

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25/ 01/2024

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Since the issue involved in both the petitions are common in nature, therefore, both the petitions are being decided by this common order.

¶29

Being aggrieved by the order of attachment dated 05.06.2023 (Annexure P/1) in WPS No. 3910/2023, the said petition was preferred by the petitioner. During the pendency of that petition, the Block Education Officer, Bagicha has subsequently issued another order dated 19.12.2023 (Annexure P/1 in WPS No. 70/2024), whereby the petitioner has been relieved from her present place of posting for joining at the place of her attachment.

¶30

Learned counsel for the petitioner would submit that the petitioner herein was posted as Principal at Govt. Higher Secondary School, Mahadevdand from last 03 years. On the basis of some complaints vide order dated 05.06.2023, the District Education Officer, Jashpur attached her services to Govt. Higher Secondary School, Kurdeg, Block Bagicha, District Jashpur temporarily. Further, vide order dated 19.12.2023 the Block Education Officer, Bagicha, District Jashpur relieved the petitioner from her present place of posting for joining her attached place of posting i.e. Govt. Higher Secondary School, Kurdeg.

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Learned counsel for the petitioner submits that the aforesaid order dated 05.06.2023 is passed by the District Education Officer without having any authority, which has also been wrongly approved by the concerned Collector. The order of attachment is not permissible pursuant to the circulars issued by the State Government dated 04.06.2001 and 22.02.2022, therefore, the order dated 05.06.2023, which is an order of attachment is liable to be set-aside . Further, the

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authority who has passed the said order is not competent, therefore, on these grounds, the orders dated 05.06.2023 and 19.12.2023 are liable to be set-aside .

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Learned counsel appearing for the State submits that the complaints were made by the students and villagers against the petitioner and on the basis of such complaints, the petitioner has been attached temporarily to the Govt. Higher Secondary School, Kurdeg.

¶34

Perusal of the order dated 05.06.2023 clearly shows that it is an order of attachment, which is not permissible in the light of circular dated 04.06.2001 and 22.02.2022, therefore, the order dated 05.06.2023 and subsequent order passed by the Block Education Officer dated 19.12.2023 both are liable to be and hereby set-aside .

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However, the respondents are free to take any appropriate action against the petitioner as permissible in accordance with rules and law.

¶36

With the aforesaid observations and directions, both the writ petitions stand allowed and disposed of.

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Sd/(Arvind Singh Chandel) JUDGE

¶38

ved

Smt. Sushma Asha Manila Khalko v. State of Chhattisgarh

Case brief

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Smt. Sushma Asha Manila Khalko v. State of Chhattisgarh

Case brief

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What the court decided

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