2025:JHHC:24248 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.4029 of 2025 ------ Purnendu Kumar age about 45 years, S/o Late Rabindra Nath Mandal Resident of Flat No.1B, 5th Phase, Adarshnagar Society, Jamshedpur, PO & PS- Sonari, District- East Singhbhum (Jharkhand). … … Petitioner(s) Versus 1. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi, Project Building, Dhurwa, PO & PS- Dhurwa, District- Ranchi (Jharkhand). 2. The Principal Secretary, School Education and Literacy Department, Jharkhand, M.D.I. Building, Dhurwa, PO and PS- Dhurwa, District Ranchi, Jharkhand. 3. The Director, Secondary Education, School Education and Literacy Department, Jharkhand, M.D.I. Building, Dhurwa, PO and PS- Dhurwa, District Ranchi, Jharkhand. 4. The Secretary, School Education and Literacy Department, Jharkhand, M.D.I. Building, Dhurwa, PO and PS- Dhurwa, District Ranchi, Jharkhand. 5. The Regional Joint Director of Education (R.J.D.E.), Kolhan Division, Chaibasa, PO and PS- Chaibasa, District-West Singhbhum (Jharkhand). 6. The Deputy Commissioner-cum-The Chairman, District Establishment Committee, Jamshedpur, PO & PS- Jamshedpur, District- East Singhbhum (Jharkhand). 7. The District Education Officer, Jamshedpur, PO & PS- Jamshedpur, District- East Singhbhum (Jharkhand). … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner : Mr. Amit Kumar Verma, Advocate For the Respondent(s) : Mr. Kunal Chandra Suman, AC to GP-II ------ 02/ 19th August,2025 1. Heard the parties. 2. The petitioner has challenged the order dated 06.08.2021 contained in Memo No.797 by which the petitioner has been transferred from Asanboni High School, Potka to Milan Bithi +2 High School, Jwalkata, Block Gudabanda, Jameshedpur. 3. Learned counsel appearing on behalf of the petitioner submits that the transfer order is punitive order as it has been mentioned that contemplating the departmental enquiry, the 2025:JHHC:24248 2 petitioner has been transferred. Further he submits that there was a complaint that the petitioner was misbehaving with the student and the guardians of the students and thereafter internal enquiry was conducted by the authorities, pursuant to that the petitioner has been transferred. It is his contention that no opportunity of hearing was given to the petitioner at the time of enquiry and the same was held behind the back of the petitioner and in fact is not a departmental enquiry. He submits that till date, no departmental enquiry has been initiated and the respondents also not contemplated to initiate a departmental enquiry though in the impugned order of transfer there is reference of departmental inquiry initiated. 4. Learned counsel appearing on behalf of the State admits that no departmental enquiry has been initiated. He after going through the counter-affidavit submits that a complaint was received from the villagers alleging that this petitioner misbehaved with the students and the parents. The said complaint was inquired into and it was found that the allegation is correct. Further there was allegation of taking excessive amount of money for enrollment also and committing some misdeed with the girls studying in the said school. Considering the said allegations and since in the enquiry, the allegations are found to be correct, the petitioner was transferred. 5. From the pleadings of the parties and from the argument it is quite clear that on allegation, the petitioner has been transferred. Thus, the transfer order is punitive. Admittedly, the petitioner was not a party to the enquiry and no departmental proceeding has been initiated. 6. A transfer order if the same is punitive, can be interfered with. Since transfer order in this case prima facie is a punitive one, I am inclined to set aside the same. The order dated 06.08.2021 passed in Memo No.797 is set aside. 7. The respondents are directed to take steps to fix the place of the posting of the petitioner consequentially upon setting aside of the aforesaid order. It is being open to the respondents to 2025:JHHC:24248 3 initiate proceedings against the petitioner, if they want to do so, if at all any misconduct has been committed by the petitioner. 8. With the aforesaid observations, this writ petition stands allowed. (ANANDA SEN, J.) Sandeep, cp3