Patna High CourtCWJC/9922/2017disposed

Mithilesh Kumar v. The State Of Bihar And ORS

2017-09-07Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9922 of 2017 ======================================================

1. Mithilesh Kumar Son of Late Srinandan Ram Resident of VillageDharampura, P.O.- Dhamar, P.S.- Ara Muffasil, District- Bhojpur, at present posted as Assistant District Supply Officer Dumraon, Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

2. The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3. The Additional Secretary cum Special Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Gopal Mishra For the Respondent/s : Mr. Kamil Akhtar, AC to AAG-5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks quashing of his transfer order dated 29.06.2017 issued by the Special Secretary, Department of Food and Consumer Protection (Annexure-4) stating therein that he has filed a representation on 30.06.2017(Annexure-6) that he was posted as Assistant District Supply Officer on 01.08.2015 in Dumraon Sub-Division at Buxar and has been transferred on 29.06.2017 by Memo No. 3086 to Udakishunganj, Madhepura within three years of his previous posting.

Counsel for the petitioner submits that the date of retirement of the petitioner is 31.03.2018 and hardly nine months

Patna High Court CWJC No.9922 of 2017 (2) dt.07-09-2017 2/2 are left for his retirement. In this regard, he has also filed a representation, which is pending before the respondent No. 3. This application is disposed of with a direction to respondent No. 3 i.e. Additional Secretary cum Special Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna to dispose of the representation of the petitioner (Annexure6) within a period of three months. Till then no coercive steps for release of the petitioner from his present place of posting be taken. (Nilu Agrawal, J) Rajesh/- U