Dr. Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2301 of 2025 ====================================================== Dr. Arun Kumar Son of Late Rajeshwar Prasad, resident of Mohalla - Bajrangpuri, P.O. - Guljarbag, P.S. - Alamganj, District - Patna, Bihar, Pin Code- 800007.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Additional Chief Secretary-cum-Principal Secretary, Department of Animal and Fisheries Resources Department, New Secretariat, Patna. 3.

The Regional Director, Department of Animal and Fisheries Resources Veterinary College Campus, Patna - 800014.

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

For the Petitioner/s :

Mr. Kiran Kumari, Adv.

For the Respondent/s :

Mr. Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-02-2025 Heard

2. It is submitted by the counsel for the petitioner that petitioner has completed about 25 years of services, he is posted at Patna from last 11⁄2 years, vide transfer order dated 04.02.2025 Annexure-P/1 he has been transferred from Patna to Supaul. According to the counsel the transfer order does not contain any reason for transferring the petitioner from Patna. He submits that the petitioner is aged about 57 years and is going to retire within three years from today, wife of the petitioner is also residing with him at Patna, she is suffering from various ailments and regular treatment is required, Supaul is near about 250 Kms away from Patna. Therefore, it is prayed by the

Patna High Court CWJC No.2301 of 2025(2) dt.10-02-2025 2/3 counsel that order of transfer of the petitioner is liable to be quashed on this ground only.

3. Learned counsel for the respondent-State opposes the argument raised by the counsel and submits that the petitioner has been transferred on administrative ground only therefore, this petition is liable to be dismissed.

4. Considering the submissions made by the counsel for the petitioner and further considering the fact that petitioner is going to retire within three years from today and his wife is also suffering from various diseases, it would be appropriate to dispose of the petition giving liberty to the petitioner to firstly make his representation before respondent/competent authority for cancellation/re-consideration of the transfer order. It will be done within one week from today. The concerned respondent is also directed to consider the application and decide the same positively within four weeks from the submission of the application in accordance with relevant rules and laws and taking into consideration the relevant guidelines regarding transfer of government servants issued by the government.

5. Since no one is posted in place of petitioner at Patna. The effect and operation of the order dated 04.02.2025 that relates to the petitioner shall remain stayed till the decision

Patna High Court CWJC No.2301 of 2025(2) dt.10-02-2025 3/3 of his representation.

6. Accordingly, the petition is disposed of.

(Arvind Singh Chandel , J) Siddharth Soni/- U