Patna High CourtCWJC/9808/2015dismissed

Suman Kumar Singh v. The State Of Bihar And ORS

2016-12-15Mr. Justice Arvind Srivastava,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9808 of 2015 =========================================================== Suman Kumar Singh, S/o Sri Diwakar Prasad Singh, Resident of Village - Bora, Post - Chaknathu, P.S. - Amdanda, Via - Ekchari, District Bhagalpur - 813204. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Home Department, Govt. of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Senior Superintendent of Police, Bhagalpur.

5. Rajesh Kumar S/o Not known Officer-in-charge, Amadanda Police Station Bhagalpur.

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

For the Petitioner/s :

None For the Respondent/s :

Mrs. Shilpa Singh, GA- XII Mr. Ram Vinay Pd. Singh, AC to GA- XII =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 15-12-2016 The petitioner has invoked the writ jurisdiction of this Court in public interest to remove the respondent no.5 posted as Officer In charge in the Bhagalpur District at Amadanda Police Station and for his transfer from the said police station because he is posted since long.

We find that the present petition in public interest is in service matter seeking transfer of an officer of the Police Department is not maintainable in view of the judgment of this Court in CWJC No.21601 of 2014 (Samrendra Kumar Sudhansu Vs. The State of

Patna High Court CWJC No.9808 of 2015 dt.15-12-2016 2/2 Bihar & Ors.) decided on 21.11.2016.

Still further, the transfer of an officer is the sole prerogative of the Administrative Department and this Court should refrain in assuming the administrative functions of the State. The writ petition stands dismissed.

(Hemant Gupta, ACJ) (Arvind Srivastava, J) Sunil/- AFR/NAFR N.A. F. R.

CAV DATE N. A.

Uploading Date 16.12.2016 Transmission Date