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Patna High CourtCWJC/7576/2019disposed

Anil Paswan v. The State Of Bihar

2019-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7576 of 2019 ====================================================== Anil Paswan Son of Baleshwar Paswan Resident of Village- Dhamauli Bigha, P.S.- Bena, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Human Resources Development Department Govt. of Bihar Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The Regional Deputy Director of Education, Patna Division, Patna. 4.

The District Magistrate, Nalanda.

5.

The District Education Officer, Nalanda at Bihar Sharif. 6.

The District Programme Officer (Est), Nalanda at Bihar Sharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad For the opposite party :

Mr. Vivek Mr. Manu Tripurari For intervenor :

Mr. Amresh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Transfer is an incident of service and courts are not suppose to interfere with the order of transfer unless it is vitiated on account of mala fide or if there is legal bar in transfer. Learned counsel appearing on behalf of the petitioner would submit that ordinarily the Headmaster is not transferred within a period of two years but petitioner has been transferred twice.

Considering the fact that post of petitioner is transferable, the Court is not inclined to interfere with the transfer order. However, liberty shall be available to the

Patna High Court CWJC No.7576 of 2019(3) dt.01-07-2019 2/2 petitioner to approach the respondents for consideration of his case for transfer or posting at appropriate place in terms of their own policy decision.

Necessary decision in this regard may be taken by the respondents within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U