HC stays suspension, asks CS to look into the matter

Excelsior Correspondent
JAMMU, July 27: A petition filed by two teachers who were transferred and attached with the ZEOs office by order of Director School Education and retained at present posting by order of Deputy Commissioner, later on Director School Education suspended both teachers for not compliance of transfer.
Justice Janak Raj Kotwal of J&K High Court Jammu Wing after hearing Advocate Sudershan Sharma appearing for the petitioners observed that it seems a clash in powers of the two authorities at a high level, one being the Director School Education and the other, the District Development Commissioner of a District. District Development Commissioner in his report, as sought by this Court, has given a detailed account to justify his power to retain the petitioners at their original places as against the transfer order issued by Director School Education Jammu, and issued notice and stayed the suspension order.
While staying the suspension order, Justice J R Kotwal asked Chief Secretary of the State to look into the matter so that such avoidable situations leading to harsh actions against employees are avoided in future.
According to the petition filed by Talib Hussain and Riaz Ahmed that Vide order No. 857 DSEJ of 2016 dated 17.02.2016 issued by the Director School Education, Jammu, Talib Hussain was transferred from HSS, Doda to the office of ZEO, Bhatyas and Riaz Ahmed from HSS, Desa to the office of ZEO, Ghat.
The District Development Commissioner, Doda, however, issued an order vide his No. DDC/Edu-Corsp/14529-32 dated 29.02.2016 retaining both the petitioners at their original place of postings till suitable replacement is provided. Copy of this order was sent to Director School Education Jammu also.
In view of the order passed by Deputy Commissioner Doda, petitioners did not comply with the transfer order issued by Director School Education and Director placed under suspension the petitioners for non compliance of the transfer order dated 17.02.2016, which was challenged in the High Court .

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