The High Court dismissed a writ petition challenging a teacher's transfer from Balasore district. Upholding the Odisha Administrative Tribunal's order, the Court found the transfer justified by student complaints and administrative exigencies, lacking mala fides.
The petitioner's challenge to the transfer order was rejected, and the writ petition was dismissed.
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WP(C) NO.3030 OF 2016 01.3.2016
Heard Sri S.K.Das, learned counsel for the petitioner and learned Addl. Govern
ment Advocate for the State.
This writ petition has been filed challenging the order dated 04.2.2016, passed by the
Odisha Administrative Tribunal, Bhubaneswar, in O.A.No.1788 of 2015, dismissing the original
application of the petitioner.
The petitioner being aggrieved by the order of transfer dated 12.6.2015, transferring
her to Jamsul High School, Balasore, filed original application, i.e. O.A. No.1788 of 2015 bef
ore the Odisha Administrative Tribunal, Bhubaneswar, with a prayer to quash the same.
The case of the petitioner-applicant before the learned Tribunal was that while she wa
s serving as a Teacher of Jr.S.E.S. cadre at Sabitri Govt. Girls High School, she was promoted
to Sr.S.E.S. cadre and was posted at Janata High School, Ambagaon, in the district of Boudh,
vide Office Order No.20824, dated 21.6.2014 and she joined there on 08.7.2014. She was transfe
rred to B.C.High School, Kainagari, in the district of Balasore, where she joined on 20.12.201
4. Her grievance was that while she was continuing in B.C.High School, Kainagari, in the distr
ict of Balasore, just after six months, vide Office Order No.21916, dated 12.6.2015, she was a
gain transferred to Jamsuli High School, Balasore, against the existing vacancy. She alleged t
hat she has been frequently transferred to three places in short interval which is mala fide a
nd illegal.
The case of the opposite parties before the learned Tribunal was that after her joinin
g at B.C.High School, complaints were received from the students and their guardians regarding
her way of working. On receipt of such complaints, the District Education Officer, Balasore,
made a preliminary enquiry and being convinced of the allegations made against the petitioner,
he recommended to the Director, Secondary Education, Orissa, for her transfer to Jamsuli High
School, against the existing vacancy, which is in the same district and is about 35 KMs from
B.C.High School, in the greater interest of the students and the institution.
On the basis of the materials available on record, learned Tribunal has come to find t
hat due to the grievances made against the petitioner by the students and the guardians and in
order to protect and preserve the sanctity of the academic atmosphere in the School, the Dist
rict Education Officer, Balasore, had recommended for transfer of the petitioner to Jamsuli Hi
gh School, which is at a distance of 35 KMs from the existing school, i.e. B.C. High School, p
ursuant to which the impugned order of transfer has been issued. The said transfer having been
effected in the greater interest of the School and its students, learned Tribunal did not fin
d any mala fide in her transfer.
Learned counsel for the petitioner submits that as the impugned order of transfer has
been passed on the allegations of the students and their guardians and not for any exigencies
of service, the impugned order of transfer is mala fide. In this regard, he has relied upon a
decision of the apex Court in Somesh Tiwari v. Union of India and others, (2009) 2 SCC 592, wh
erein the Honble Court had observed as under:
16. Indisputably an order of transfer is an administrative order. There cannot be any
doubt whatsoever that transfer, which is ordinarily an incident of service should not be inter
fered with, save in cases where inter alia mala fide on the part of the authority is proved. M
ala fide is of two kinds-one malice in fact and the second malice in law. The order in questio
n would attract the principle of malice in law as it was not based on any factor germane for p
assing an order of transfer and based on an irrelevant ground i.e. on the allegations made aga
inst the appellant in the anonymous complaint. It is one thing to say that the employer is ent
itled to pass an order of transfer in administrative exigencies but it is another thing to say
that the order of transfer is passed by way of or in lieu of punishment. When an order of tra
nsfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal
.
The aforesaid decision has no application to the facts of the present case inasmuch as
, the students and their guardians/parents had made grievances by way of complaints with regar
d to the functioning of the petitioner in the School. On preliminary enquiry, District Educati
on Officer, Balasore, found the complaints to be true and accordingly he recommended for her t
ransfer to a nearby School, in order to preserve and protect the sanctity of the academic atmo
sphere of the School. Basing on such recommendation, the petitioner has been transferred to Ja
msuli High School, which is barely 35 KMs away from B.C.High School. Therefore, such action ca
nnot be said to be mala fide. The transfer of the petitioner having been effected in the best
interest of the School and its students, the same can be said to be for administrative exigenc
ies.
For the reasons as aforestated, we do not find any justification to interfere with the
impugned order.
The writ petition being devoid of merit, the same is accordingly dismissed.
he writ petition being devoid of merit, the same is accordingly dismissed.is Court a
t this stageng contrary to Rules. Therefore ..
(S.C.PARIJA,J.)
(Dr.B.R.SARANGI,J.)
5
1 issue framed by the court
Whether a transfer order based on student grievances and subsequent complaints evidencing malpractice vitally affect the sanctity of an educational institution is sufferable from an order of transfer
Colour shows how this judgement treated each authority
Somesh Tiwari v. Union of India and othersReferred¶6
Somesh Tiwari v. Union of India and others, (2009) 2 SCC 592 · Who else cites this
The Petitioner
The State of Odisha
S.C.PARIJA
Dr.B.R.SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court