Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7162 of 2020 ====================================================== Sanjay Kumar, Son of Virodhi Ram, Resident of village Chanwakh, P.S.- Kundra, District- Kaimur, State of Bihar at present posted as Rural Development Officer cum In Charge Block Development Officer, Barun District, Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar though Chief Secretary, Government of Bihar, Patna. 2.

The Secretary, Urban Development, Government of Bihar, Patna. 3.

The Special Secretary, Urban Development, Government of Bihar, Patna. 4.

The District Magistrate, Aurangabad.

5.

Ashutosh Kumar, son of not known to the petitioner, Rural Development Officer cum incharge Block Development Officer, Rajnagar, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the Respondent/s :

Mr.Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-09-2020 Heard learned counsel for the petitioner and respondents.

The petitioner is aggrieved by the notification as contained in Memo No.272303 dated 30.06.2020. The grievance of the petitioner in the present case is that the respondents have arbitrarily decided to transfer the petitioner in teeth of their own decision contained in Memo No.1243 dated 08.10.2014 (Annexure-3).

Transfer is an incident of service. The Government better know how to utilize the service of the employees. Ordinarily, the Court does not interfere in transfer

Patna High Court CWJC No.7162 of 2020(2) dt.09-09-2020 2/2 order unless the order of transfer is malafide or without jurisdiction. It is true that the policy decision is required to be respected by all concerned in the matter of transfer and posting, but the circular provide for different action in exceptional circumstances and transfer before completion of normal tenure of three years at one place.

Considering the fact that there is no lack of jurisdiction or allegation of malafide in the order of transfer, the Court is not inclined to interfere with the transfer order. However, liberty shall be available to the petitioner to approach the competent authority, if there is any allegation of pick and choose and allegation of malafide in the matter of transfer, and on filing of such representation along with a copy of this order, the competent authority shall pass appropriate order in accordance with law on such representation within a maximum period of three months from the date of filing of such representation.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U