Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7579 of 2019 ====================================================== Binod Kumar S/o Prayag Paswan Vill.- Hawanpura, P.o.- Bhandari, P.s.- Bena, Distt.- 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 Divison, Patna 4.

The District Magistrate Nalanda 5.

The Distirct Education Officer Nalanda at Biharsharif 6.

The Distinct Programme Officer (Est) Nalanda at Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad For the Respondent/s :

Mr.Subash Chandra Mishra (Sc16) ====================================================== 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 impediment for transfer.

Learned counsel appearing on behalf of the petitioner would submit that ordinarily Headmaster is not transferred whereas petitioner has been transferred twice within a period of two years.

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 petitioner to approach the respondents for consideration of his

Patna High Court CWJC No.7579 of 2019(3) dt.01-07-2019 2/2 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