1 2025:CGHC:60518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13249 of 2025 Keshar Singh Parte S/o Ramcharan Parte Aged About 29 Years Working As Assistant Teacher Science (Laboratory), At The Govt. Swami Aatmanand Excellent Hindi Medium Higher Secondary School Palnar, District South Bastar Dantewada (C.G.) And Resident Of House No. H No. 68, Ward No. 06, Kotvar, Para, Sontara, Baijalpur, District- Kabirdham, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, Naya Raipur, District- Raipur, Chhattisgarh. 3 - Joint Director Jagdalpur Education Divisional Bastar District- Bastar, Chhattisgarh. 4 - Collector District- Bastar Dantewada (C.G.) 5 - Divisional Commissioner Office Of Commissioner Bastar, District- Bastar Chhattisgarh. 6 - District Education Officer District South Bastar Dantewada (C.G.) 7 - Block Education Officer Block- Kuwakonda, District South Bastar Dantewada (C.G.) 8 - Principal Govt. Swami Atmanand Excellent Hindi Medium Higher Secondary School Palnar, District South Bastar Dantewada (C.G.) 9 - Rajkumar Kunjam Lecturer And Ex- Incharge Principal, At The Govt. Swami Atmanand Excellent Hindi Medium Higher Secondary School Palnar, District South Bastar Dantewada (C.G.) BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.12.12 17:20:27 +0530 2 10 - Smt. Sandhya Thakur Clerk Grade-2 At The Govt. Swami Atmanand Excellent Hindi Medium Higher Secondary School Palnar, District South Bastar Dantewada (C.G.) ... Respondents For Petitioner : Mr. U.P.S. Sahu, Advocate For State : Mr. Kanwaljeet Singh Saini, Panel Lawyer For Respondent No. 9 : Mr. Goutam Khetrapal, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 12.12.2025 1. The petitioner who is working as Assistant Teacher Laboratory (Science) has filed the present writ petition assailing the order dated 12.11.2025 passed by respondent No. 6 by which he has been attached from Swami Aatmanand Excellent Hindi Medium School, Palnar, District South Bastar Dantewada to Swami Aatmanand Excellent Hindi Medium Girls Higher Secondary School, Katekalyan, District South Bastar Dantewada. 2. Learned counsel for the petitioner would submit that the petitioner has made allegation against respondents No. 09 & 10 and instead of taking any action against them the petitioner has been attached by way of punishment. He would further submit that the petitioner has been appointed on 07.07.2025 and as per Clause 11 of the appointment order, the concerned Assistant Teachers have to work in the school where they are posted for three years and during the said period no transfer/deputation and even change of post is permissible, as such the respondent cannot attach the petitioner and would pray for quashing of the order dated 12.11.2025. 3. The Court vide order dated 24.11.2025 has directed the State to seek secret information and place the same in a sealed envelope. 3 4. In pursuance of the same, a report has been produced before this Court in a sealed envelope and on perusal of the report it is quite vivid that so far as the allegation made by the petitioner against respondents No. 09 & 10 that they directed him to bring wine in the school and also other charges like mental torture have not been found proved by the Committee. So far as the allegation against respondent No. 10 the same has been found proved and action has been taken against her. Even otherwise the petitioner was initially appointed on 07.07.2025, he is in probation and the appointment order clearly debar transfer/deputation of a probationer as such, the respondent cannot pass an order of transfer at this stage, therefore the order dated 12.11.2025 deserves to be set-aside and accordingly it is set-aside and the petitioner will be henceforth be posted at Government Swami Aatmanand Excellent Hindi Medium School, Palnar. 5. However, the allegation which have been levelled against the respondents is required to be ascertained through evidence, therefore, this Court instead of examining the correctness of allegation made petitioner, it is left open and it is directed that the petitioner is at liberty to take recourse available to him under the civil law or criminal law. 6. With aforesaid observation and liberty granted in favour of the petitioner, the present writ petition is disposed of. 7. The enquiry papers be returned to the State. Sd/- (Narendra Kumar Vyas) Judge Bhumika