Prem Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15492 of 2017 ====================================================== Prem Kumar Singh Son of late Arbind kumar Singh Resident of VillageDumari, Post- Dumari Balua, P.S. Doriganj, District- Chapra. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Primary Education Department, Govt. of Bihar, Patna.

2. The Block Development Officer, Sadar Block Chapra.

3. The Pramukh , Sadar Block, Chapra.

4. The Block Education Officer, Sadar Block, Chapra.

5. The Member, Panchayat Samiti, Sadar Block Chapra.

6. The Secretary, Vidyalaya Siksha Samiti, Upgraded Girls Middle School, Tikulia Tola, Rasulpur, Dumari, chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash, Advocate For the State :

Mr. Harendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 22-11-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2.

The petitioner is aggrieved by the order of transfer contained in memo no. 490 dated 6.5.2017.

3.

Counsel for the petitioner submits that the order of transfer is punitive in nature and the same is not sustainable without compliance of the principles of natural justice. He submits that the petitioner has represented against the order of transfer

Patna High Court CWJC No.15492 of 2017 dt.22-11-2017 2/3 before the respondent-authorities but his representation has not been disposed of till date.

3.

Transfer is an incident of service and in view of the latest judgment of the Supreme Court while exercising power of judicial review, the Courts are not expected to interfere with the transfer matter unless the order of transfer is without jurisdiction or tainted with mala fide.

4.

Counsel for the petitioner has highlighted the personal difficulty on account of the ailments of the wife of the petitioner in para-12 of the writ petition and other hardships which the petitioner is facing.

5.

In view of the difficulty expressed in para-12 onwards, the court deem it fit and proper to dispose of the writ petition with liberty to the petitioner to file fresh representation before the Respondent No. 1. In case such representation is filed within a period of a fortnight from today, the respondent No. 1 shall look into the grievance of the petitioner and pass reasoned order.

6.

It is made clear that this Court has not expressed any opinion on the merit of the case. If such representation is filed, the respondents shall dispose of the same within a period of two months from the date of filing of such representation.

Patna High Court CWJC No.15492 of 2017 dt.22-11-2017 3/3 7.

The writ petition is disposed of with the observations and directions as made above.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.11.2017 Transmission Date