Gajendra Kumar Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14001 of 2016 ===========================================================

1. Gajendra Kumar Singh S/o Sri Bindeshwari Prasad Singh resident of Village - Nani, Police Station - Chapra (Muffasil), District - Saran. .... .... Petitioner/s

Versus

1. The Union of India through Secretary Department of Personal and Training, Government of India, New Delhi.

2. The State of Bihar through the Principal Secretary, Department of Home (Special), Govt. of Bihar, Patna.

3. The Principal Secretary Vigilance Department, Govt. of Bihar, Patna.

4. The Additional Director General of Police Vigilance Investigation Bureau, Govt. of Bihar, Patna.

5. The Superintendent of Police Vigilance Investigation Bureau, Govt. of Bihar, Patna.

6. The State of Jharkhand through the Secretary Cabinet (Vigilance) Department, Govt. of Jharkhand, Ranchi.

7. The Director General of Police, Vigilance Bureau, Jharkhand, Ranchi. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Chandra Bhushan Singh, Adv. For the Respondent/s : Mr. Apurva Kumar, A.C. to G.A.4 Mr. Dhruba Mukherjee, Sr. Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 29-06-2017 Heard Mr. Chandra Bhushan Singh learned counsel for the petitioner, Mr. Apurva Kumar, A.C. to G.A.4 and Mr. Dhruba Mukherjee learned Senior counsel for the State of Jharkhand. The State of Bihar was bifurcated for creation of the State of Jharkhand under the Bihar Reorganization Act, 2000 and it is after lapse of almost 17 years that yet the officers and staff posted in the State of Jharkhand continue to raise plea for their reversed transfer to the State of Bihar.

Patna High Court CWJC No.14001 of 2016 dt.29-06-2017 2/2 Mr. Kumar learned counsel for the State of Bihar and Mr. Dhruba Mukherjee learned Senior counsel for the State of Jharkhand submit that since 2011, the inter State transfer on mutual basis has been put to an end and since after 31.12.2013 all matters have been closed with no further request being considered except those coming under the Court intervention. Learned counsel in reference have referred to the opinion of a coordinate Bench in a similar matter placed at Annexure-E to the counter affidavit filed on behalf of the State to submit that no indulgence has been granted to a similar prayer.

Though the petitioner has relied upon some kind of correspondence in between the two States but Mr. Apurva Kumar learned counsel for the State of Bihar has submitted that until such time that there is a mutual consent expressed between the two States, the request would bear no relevance.

According to Mr. Mukherjee presently even the request on mutual transfer has also been put to an end.

In the circumstances, no case for indulgence is made out and the writ petition is disposed of.

Bibhash/- (Jyoti Saran, J) AFR/NAFR CAV DATE NA Uploading Date 08.07.2017 Transmission Date NA