Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5618 of 2021 ====================================================== Ajay Kumar Singh Son of Late Mahesh Prasad Singh Resident of VillageHaradia, P.S.- Turkaulia, O.P.- Raghunathpur, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna. 2.

The Special Secretary Department of Agriculture, Government of Bihar, Patna.

3.

The Joint Secretary Department of Agriculture, Government of Bihar, Patna. 4.

The Director Department of Agriculture, Bihar, Patna. 5.

The District Agriculture Officer West Champaran at Bettiah. 6.

The District Agriculture Officer Saharsa.

7.

The Sub- Divisional Agriculture Officer (sa) West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate Mr. Jay Prakash Singh, Advocate For the Respondent/s :

Mr. Anant Pd. Singh, SC 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-03-2022 Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "For issuance of a writ in the nature of certiorari or any other appropriate writ/ order or direction to quash the order as contained in Memo No. 3570 dated 09.12.2020, issued under the signature of the Joint Secretary to the Government, Department of Agriculture, Government of Bihar whereby and Where under the representation of the petitioner fled in compliance of the order dated 06.10.2020 passed in C.W.J.C. no 8207

Patna High Court CWJC No.5618 of 2021 dt.31-03-2022 2/3 of 2020, has been rejected by holding inter alia that the diseases of the wife of petitioner appears to be not a serious diseases, and further to quash the original order of transfer as contain in memo no. 2599 dated 28.08.2020, issued under the signature of the Joint Secretary, Department of Agriculture, Bihar, Patna, so far as it relates to the petitioner, where under the petitioner has been transferred from Assistant Agriculture Officer(ro) Bettlah posted in the office of the District Aariculture Officer, Bettiah to Block Agricuiture Officer, Narhatta, Saharsa and for issuance of a consequenual writ of mandamus or any other and appropriate writ(5) and order(s) Commanding and directing the respondent-authorities not to disturb the petitioner from his present place of posting and/or to pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances stated hereunder."

Petitioner while working as Assistant Agriculture Officer in the Office of Bettiah he was transferred on 28.08.2020 to the Block Agriculture Officer, Narhatta, Saharsa. Feeling aggrieved and dissatisfied with the transfer order petitioner is stated to have submitted representation to the Joint Secretary, Agriculture Department, Patna and simultaneously presented this petition. The Joint Secretary passed order on the petitioner's representation on 09.12.2020 indicating that petitioner's grievance would be redressed within one year. Till date the con-

Patna High Court CWJC No.5618 of 2021 dt.31-03-2022 3/3 cerned authority has not taken any decision to reconsider the petitioner transfer from Saharsa to Bettiah. The concerned respondent is hereby directed to take decision in this regard within a period of one month from the date of receipt of this order in the light of the decision dated 09.12.2020 passed by the Joint Secretary, Agriculture Department, Patna. With the aforesaid observations, the present writ petition stands disposed off.

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