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Patna High CourtCWJC/13002/2017disposed

Abhishek Chandan v. The State Of Bihar And ORS

2017-11-16Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13002 of 2017 ====================================================== Abhishek Chandan Son of Ram Kumar Singh Village - Chatra, P.S. - Kopa, District - Saran.

.... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar.

2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3. The Principal Secretary, Cabinet Secretariat Department, Government of Bihar, Patna.

4. The Deputy Secretary, Rural Development Department, Government of Bihar, Patna.

5. The Under Secretary, Rural Development Department, Government of Bihar, Patna.

6. The District Magistrate, Sitamarhi.

7. Pradeep Kumar, Block Development Officer, Rohtas, Government of Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Adv. For the Respondent/s : Mr. Harsh Kumar, GP8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-11-2017 Heard learned counsel for the parties.

The petitioner complains of a transfer within one month of his earlier transfer. The petitioner has represented before the Secretary, Rural Development Department, a copy of which is present at Annexure P5. The petitioner in obedience of the transfer order has also joined his place of posting at Mohara in the district of Gaya from Nanpur Block in the district of Sitamarhi. Apparently the transfer is contrary to the guidelines issued by the State Government from time to time. No employee can be subjected to transfer within one month of the previous

Patna High Court CWJC No.13002 of 2017 (2) dt.16-11-2017 transfer unless the situation is extraordinary. The issue raised requires a consideration by the Secretary and since the petitioner has already represented before him, I deem it proper to direct the Secretary, Rural Development Department to consider the grievance of the petitioner and dispose of the same within four weeks of presentation of a copy of this order with opportunity of hearing to the petitioner bearing in mind the Government guidelines on the issue.

The writ petition is disposed of accordingly. (Jyoti Saran, J) Surendra/- U