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Patna High CourtCWJC/17105/2018dismissed

Anil Kumar Singh v. The State Of Bihar And ORS

2020-06-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17105 of 2018 ====================================================== Anil Kumar Singh Son of Late Tej Narayana Singh Resident of Village - Benaut, P.O. - Saraon, P.S. - Rasulpur, District - Saran at Chapra, at presently working as Estimator, Central Circle, Road Construction Department, Patna. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna 2.

The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Road Construction Department, Govt. of Bihar, Patna. 3.

The Superintending Engineer, Central Road Construction Department, Govt. of Bihar, Patna.

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

For the Petitioner :

Mr.Akhilesh Kumar, Advocate For the Respondents :

Mr.Syed Iqbal Ahmad- SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is second round of litigation. Earlier the petitioner has approached this Court in CWJC No. 3928 of 2017 which was disposed of vide order dated 22.06.2017. The matter was taken to the LPA Court in LPA No. 986 of 2017 which was disposed of by the Division Bench of this Court vide order dated 11.01.2018.

Now the petitioner has again filed the present writ petition raising his grievance that the representation of the petitioner has not been properly considered by the respondents.

Patna High Court CWJC No.17105 of 2018(2) dt.11-06-2020 2/2 The order of transfer dated 06.03.2018 passed by the Principal Secretary, Road Construction Department, Government of Bihar (Annexure-12) is under challenge in the present writ petition. Transfer is an incident of service and courts are not expected to interfere in the matter unless the order of transfer is in breach of the statutory rules or tainted with mala fide. The Court, in the facts and circumstances of the case, is not inclined to grant any indulgence at this stage. The Court does not find any infirmity in the impugned order dated 06.03.2018 (Annexure-12). The writ petition is dismissed. (Anil Kumar Upadhyay, J) BT/- U