Chandra Deo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6932 of 2020 ====================================================== Chandra Deo Prasad, aged about 47 years, Son of Ranglal Prasad, Resident of Village Sisai, Bhore, District- Gopalganj Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Regional Deputy Director of Education Government of Bihar, Patna. 3.

The Deputy Development Commissioner Gopalganj. 4.

The District Programme Officer Gopalganj.

5.

The Block Development Officer Bhore, Gopalganj. 6.

The Block Education Officer Bhore, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey, AAG 15 Mr. Prabhat Ranjan Singh, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 09-03-2022 The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove the defects pointed out by the Registry within two weeks from today.

The petitioner was transferred by order dated 20th November, 2019. He has assailed the said order before this Court in the present writ petition. It appears that during the pendency of

Patna High Court CWJC No.6932 of 2020 dt.09-03-2022 2/2 the writ petition the petitioner has already joined his new place of posting.

Learned counsel for the petitioner submits that in the counter affidavit filed by the respondent no. 4, it is stated that the petitioner's transferred was not in accordance with the Rules and, therefore, learned counsel submits that a mandamus be issued to restore the petitioner back to earlier place of posting. He also submits that there is already a direction to that effect passed by the concerned authority.

Be that as it may, once the petitioner has join the new place of posting, it is left open for him to take up the matter with the concerned authority, and if, the concerned authority take a decision/find that there earlier decision was wrong, they can always pass fresh orders.

The writ petition is accordingly, disposed off. (Sanjeev Prakash Sharma, J) Anand Kr.

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