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Patna High CourtCWJC/7125/2020disposed

Anand Bihari Jha v. The State Of Bihar

2020-07-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7125 of 2020 ====================================================== Anand Bihari Jha Son of Ramnandan Jha Resident of Bankers Colony, Madarpur, P.O. and P.S.- Darbhanga, District- Darbhanga, presently posted as Executive Engineer, Rural Works Department, Work Division, Bagaha-2, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary Rural Works Department, Government of Bihar, Patna.

3.

The Principal Secretary Cabinet Secretariat Department, Government of Bihar, Patna.

4.

The Additional Secretary Rural Works Department, Government of Bihar, Patna.

5.

Sri Narendra Singh Son of not known to the petitioner Presently posted as Incharge Executive Engineer, Rural Works Department, Works Division, Bettiah, District- West Champaran.

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s :

Mr.Ajay Kumar Rastogi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2020 The petitioner is aggrieved by the notification dated 29.6.2020 whereby the petitioner has been transferred. Counsel for the petitioner submits that the petitioner is due to retire on 31st December, 2020. The State Government has itself formulated a policy not to transfer any employee in the last year of his service.

Considering the fact that the petitioner is to retire on 31st December, 2020, i.e. within less than six months, the Court

Patna High Court CWJC No.7125 of 2020(2) dt.10-07-2020 2/2 is constrained to quash the order of transfer dated 29.6.2020. It is accordingly, quashed.

The respondents are directed to take fresh decision with regard to transfer and posting of the petitioner keeping in view their own policy decision and the fact that the petitioner is to retire within a period of six months i.e. on 31st December, 2020.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U