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Clash of powers between Director School Education & DC leads to suspension of two teachers;HC stays suspension, asks CS to look into matter

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STATE TIMES NEWS
JAMMU: In a petition filed by two teachers who were transferred and attached with the ZEOs office by the order of Director School Education and were retained at present posting by the order of Deputy Commissioner, later on Director School Education suspended both teachers for non compliance of transfer order Justice Janak Raj Kotwal of J&K High Court Jammu Wing Wednesday 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 the 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 for looking 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 has been 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, has 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 seem not have complied with the transfer order issued by Director School Education and Director has now 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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