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Judgment
Heard learned counsel for the petitioner and the State.
Petitioner who is Panchayat Teacher assails Annexure
13 which is office orders issued by the Secretary, Block Employment
Unit - cum - Block Development Officer, Bokhara by which he has
been transferred from Middle School, Gorhaul Yadav Tol to Middle
School Goglak Tol.
It is contended that according to Rule 15(Ang:) of Bihar
Panchayat Elementary Teacher (Employment and Service Conditions)
Rule, 2012 ordinarily the Primary Teacher cannot be transferred.
However, according to Rule 15(Ang:) (iv) the teachers can be
adjusted and transferred, which is quoted as under:
"VERNACULAR MATTER OMITTED"
However, it does not appear from Annexure 13 that the
transfer has been taken under such compulsion, rather it is contended
on behalf of the State that there was quarrel between two teachers,
therefore, both have been transferred.
Be that as it may, since there is no scope of the transfer
under the aforesaid Rule the order cannot be sustained in law.
Accordingly, the same is quashed and set aside. The petitioner would
remain at Middle School, Gorhaul Yadav Tol.
However, if any indiscipline has been shown by this
teacher then the competent authority would be at liberty to proceed in
accordance with law.
As a result this writ petition stands allowed in terms of
the aforesaid.