Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7164 of 2020 ====================================================== 1.

Chandan Kumar, Son of Umakant Singh, Resident of House No. 836, A/8, near Bhim Rao Ambedkar School Sundar Vihar Kokar, Tiril, Kokar Ranci, State of Jharkhand at present posted as Rural Development officer cum Incharge Block Development Officer, Manjhauliya, District- East Champaran. 2.

Hari Mohan Kumar, Son of Sri Bindeshwar Rai, Resident of Village- Rohua, P.S.- Jandaha, P.O.- Shahpur, District- Vaishali at present posted as Block District Officer, Gaunaha, West Champaran.

... ... Petitioner/s

Versus

1.

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

The Secretary, Rural Development, Government of Bihar. 3.

The Special Secretary to the Government, Rural Development, Government of Bihar.

4.

The District Magistrate, East Champaran.

5.

The District Magistrate, West Champaran.

6.

Baiju Kumar Mishra, Son of not known to the petitioner, Rural Development Officer cum Incharge Block Development Officer, Nouhatta, DistrictRohtas. 7.

Ajay Prakash Rai, Son of not known to the petitioner, Block Development Officer, Narayanpur, District- Bhagalpur.

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

For the Petitioner/s :

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

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-09-2020 Heard Mr. Dinu Kumar, learned counsel for the petitioners and the respondents.

The petitioners have challenged the part of notification dated 30.06.2020 (Annexure-4) and the another notification dated 30.06.2020 (Annexure-5).

Learned counsel for the petitioners submits that in the matter of transfer, instead of following the uniform policy, the

Patna High Court CWJC No.7164 of 2020(2) dt.09-09-2020 2/2 respondents have acted in most arbitrary manner and adopted pick and choose policy. He submits that the petitioners have approached the respondents by way of filing representations as contained in Annexures- 7 and 8 and the representations of the petitioners have not been decided as yet.

Considering the allegation of arbitrariness and pick and choose and pendency of the representations addressed to the Principal Secretary, Rural Development Department, Government of Bihar through the District Magistrate, East Champaran and West Champaran, the writ application is disposed of with a direction to the Principal Secretary, Rural Development Department to appropriately decide the representations of the petitioners by a reasoned and speaking order within a maximum period of three months from the date of receipt/ production of a copy of this order. It is expected that if the respondents are noticed any hanky panky in the order of transfer, they will take all corrective measures following the transfer policy on uniform basis. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U