Transfer under political malice by extra constitutional authority, HC stays transfer of PE Teacher

 Himachal Pradesh High Court has stayed the transfer orders on the recommendations of the Chairman of the Forest Corporation Surat Negi by terming the transfer being effected on the recommendation of extra constitutional authority. A division bench of Justice Tarlok Singh Chauhan and Justice Virendra Singh has stayed the transfer orders based on political malice of Physical education teacher in an order passed by the court on September 14 copy of which was posted on HC website today.  The petitioner Thakur Nath Singh  challenging the impugned order of Director Education stated that Transfer was not order on the basis of any administrated exigencies and in public interest but on the basis of unofficial note should be stayed and set aside. Petitioner Thakur Nath Singh has made Secretary Education, Director of Elementary Education and Chairman of Forest Corporation, BJP leader Surat Negi as a respondent in the petition. It has been argued that petitioner was transferred on the basis of the recommendations of Surat Negi. The petitioner is posted as a physical teacher in Government Senior Secondary School Pangi. His wife is also a teacher in the same school. It is alleged that the respondent Surat Negi had recommended the transfer of both in March 2022. Exactly a month later, Surat Negi again recommended for transfer of both. The High Court had stayed the transfer orders of both of them due to political malice. The High Court has summoned BJP leader Surat Negi before the court  for interfering in the judicial process and served notices to the counsel of respondents listing matter to September 28.  The court has issued a notice to the state government and has called for its reply in two weeks.