Otherwise also, the appellant being next in the order of seniority was entitled to be posted as Chief Education officer.
Respondent No.3 challenged the said order by means of a Writ petition before the High Court which was dismissed.
In the meantime certain more irregularities companymitted by respondent No.3 came to light with the result the State Government by an order dated 11.2.1997 attached her with the Directorate of School Education, Kashmir, and posted the appellant as Chief Education Officer, Pulwama in his own pay and grade.
As soon as respondent No.3 learnt that Government is joint to transfer her and post the appellant in her place, she filed another writ petition SWP No.
A Division Bench of the High Court by its order dated 12.31997 stayed the operation of the interim order passed by the learned Single Judge.
In the year 1994, respondent No.3, Syed Zuhara Jabeen, was posted as Chief Education officer, Pulwama, When the State Government, on the allegations that she companymitted number of irregularities, mal practices and misappropriated Government funds, by an order dated 5.10.1994 withdrew from her the drawing and disbursing power.
3, the High Court by its order dated 22.4.97, after vacating the said interim order has directed the Government number to post the appellant as Chief Education officer.
Consequent upon the said order, the appellant assumed charge and started functioning as Chief Education officer, Pulwama.
Aggrieved by the said order the appellant filed an appeal LPA SW 106/97 against the grant of interim order.
While passing the impugned order, the High Court did number companysider whether prima facie the appellant is entitled to be post as Chief Education Officer Keeping in view the principle of seniority cum suitability.A perusal of record shows that there were serious charges against respondent No.3 and her companytinuance on the post of Chief Education officer was found detrimental to the public interest and, as such, the Government attached her with the Directorate of School Education, Kashmir pending inquiry against her and the appellant, who was then working as Deputy chief Education officer, was posted as Chief Education Officer.
Under such circumstances, the High Court was number justified in directing the government number to post the appellant as Chief Education Officer.
Subsequently, upon an application filed by respondent No.
216/97 before the High Court and obtained an interim order dated 4.2.1997 directing the State Government to allow her to companytinue as Chief Education Officer, Pulwama, till the said post is filled up by the Department in accordance with the rules.
On the other hand, respondent No.3 was transferred to Directorate in her own pay and grade and she was number put to any financial loss and her stay in the Directorate was till companypletion of inquiry against her.
That is how this appeal has companye up before this Court.
This was by way of administrative arrangement.
N. KHARE, J. Leave granted.
Heard companynsel for the parties .
106/97, whereby the High Court has, after modifying the order dated 12th March 1997, directed the Director, School Education, respondent No.2 herein, to post an officer other than the appellant, as Chief Education Officer, Pulwama.
This appeal is directed against the order dated 22.4.1997 passed by the High Court of Jammu Kashmir in LPA No.
