Patna High CourtCWJC/6669/2017disposed

Kumkum Jha v. The State Of Bihar And ORS

2017-09-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6669 of 2017 ======================================================

1. Kumkum Jha, W/o Late Bidyut Prakash Jha, Resident of National Highway Colony, P.S.- Khajanchihat, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, New Secretariat, Patna.

2. The Chief Engineer, National Highway Wing, Road Construction Department, Vishvesh Waraia, Bhawan, Campus, Patna- 15.

3. The Superintending Engineer, National Highway Circle, Purnea.

4. The Executive Engineer, National Highway Division, Purnea.

5. The Executive Engineer, National Highway Division, Araria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Respondent/s : Mr. Ram Balak Mahto- ===================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks to challenge her order of transfer dated 30.06.2016 vide Memo No. 404 issued by the Superintending Engineer, National Highway Circle, Purnea (Annexure 4) by which the petitioner has been transferred along with four others and asked to report to the newly created Sub Division at Araria. It is submitted by the petitioner that she was appointed in lieu of her husband on compassionate ground and transferring her to a remote place would occasion miscarriage of justice. It is further submitted that though she has been relieved, the petitioner

Patna High Court CWJC No.6669 of 2017 (2) dt.05-09-2017 P2/2 had represented against her transfer order which has not yet been disposed of.

Though, this Court is not inclined to interfere in the matter, it would be appropriate and in the interest of justice that the representation of the petitioner may be considered expeditiously within a period of six weeks from the date of receipt/production of copy of this order.

By disposing of the same, the authorities should consider that the petitioner had been appointed on compassionate ground and appropriate order in accordance with law may be passed. The writ application stands disposed of.

(Anjana Mishra, J) Saif/- U