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The Madhya Pradesh High Court recently disposed of a petition alleging a teacher was transferred on the ground that he is creating pressure on witnesses of trap case and staff of school and directed the District Education Officer, Chhatarpur to decide the representation of the petitioner within a period of 30 days.
Sunil Kumar Jain filed the Petition in the High Court challenging his transfer order dated October 27, 2021 by which petitioner, who is a teacher of biology, was transferred from Government High School Kishangarh Block/Tehsil Bijawar to Government High School Niwar Block/Tehsil Bamhori, District Chhatarpur (MP).
It is submitted by counsel appearing for petitioner that petitioner has been transferred on the ground that he is creating pressure on witnesses of the trap case and staff of school. It is further submitted that a trap was conducted against the petitioner on September 1, 2018. Investigation in the case is complete and the statement of the witness has already been recorded.
Since the statement of witnesses has been recorded, therefore, there is no chance the petitioner will influence the witnesses. The very ground which has been mentioned in transfer order does not exist, therefore, transfer order is bad in law, alleged the Counsel.
It is also argued that the wife of the petitioner is working in the same school and she has not been transferred. The petitioner had sent a representation before the District Education Officer but the same has not been considered or decided.
Dharmendra Kaurav, panel lawyer who appeared for the state, opposed the contention of counsel of petitioner and submitted that petitioner has been transferred on administrative ground.
There is no malafide in the order dated October 27, 2021, therefore, the writ petition deserves to be dismissed.
It is submitted by counsel for petitioner that petitioner is ready to go to the transferred place if the wife of petitioner is also transferred to the same school.
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The single-judge bench of Justice Vishal Dhagat observed that though investigation in the case is complete, witnesses are yet to be examined in Court, therefore, it cannot be said that reason for transfer of petitioner does not exist. Petitioner has preferred a representation before the District Education Officer.
In view of the same, the Court disposed of the Petition with direction to the District Education Officer to consider and decide representation preferred by petitioner by passing a reasonable and speaking order within a period of 30 days from receipt of certified copy of the order passed.