SREEDAM CHANDRA GHOSH versus THE STATE OF ASSAM AND ORS.

SREEDAM CHANDRA GHOSH versus THE STATE OF ASSAM AND ORS.

Petitioner, having served only as officiating headmaster, has no substantive right to the post after transfer of regular incumbent; asking petitioner to hand over charge does not amount to demotion or punishment; High Court properly directed enforcement of transfer order and disciplinary action against erring officers.

Parties
Petitioner: Sreedam Chandra Ghosh; Respondents: The State of Assam and ors.
Jurisdiction
India
Judgment Date
09 September 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Dismissal of SLP Against Assam High Court Judgment in W.a. No. 165 of 1996
Outcome
Petition dismissed
Legal Topics
Provincialised Service Rules, Officiating Appointment, Transfer of Headmaster, Disciplinary Action, Demotion, Promotion
Service Law Provincialised Service Rules Officiating Appointment Transfer of Headmaster Disciplinary Action Demotion Promotion

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Parties

Sreedam Chandra Ghosh

Petitioner

The State of Assam and ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Dismissal of SLP Against Assam High Court Judgment in W.a. No. 165 of 1996

Legal Issues

  1. 1 Whether petitioner has right to continue as headmaster after regular incumbent transferred
  2. 2 Whether removal amounts to demotion or punishment requiring disciplinary procedure
  3. 3 Whether High Court can direct enforcement of transfer orders and disciplinary action

Ratio Decidendi

Petitioner, having served only as officiating headmaster, has no substantive right to the post after transfer of regular incumbent; asking petitioner to hand over charge does not amount to demotion or punishment; High Court properly directed enforcement of transfer order and disciplinary action against erring officers.

Court Disposition

Petition dismissed

Orders

  • Petitioner has no right to the post of headmaster after regular incumbent's transfer
  • Petitioner to handover charge to regular headmaster