Patna High CourtCWJC/6768/2015dismissed

Nand Kishore Singh v. The State Of Bihar And ORS

2018-11-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6768 of 2015 ====================================================== Nand Kishore Singh son of Late Harihar Singh resident of village- Trilokpur, P.O.- Jamsar Bazar, P.S.- Uchkagaon, District- Gopalganj at Present Posted and Working as Incharge Headmaster of Government Upgraded Middle School, GHosia, Block- Hathua, District- Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

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

4. The Regional Deputy Director of Education, Saran Division, Saran at Chapra.

5. The District Magistrate, Gopalganj.

6. The District Programme Officer, Gopalganj.

7. The District Programme Officer (Establishment) Gopalganj.

8. The Block Education Officer, Hathua, District- Gopalganj.

9. Shri Shiv Bhawan Harijan son of Late Chandar Harijan Presently Posted and working as Assistant Teacher in Government Upgraded Middle School, Ghosia, Block- Hathua, District- Gopalganj.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Manish Dhari Singh, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-11-2018 Petitioner has filed the present writ application raising a grievance that respondent no.9 was transferred against the rules.

The Court fails to understand the locus standi of the petitioner as he was not subjected to transfer contrary to rules. The persons aggrieved by the transfer order in teeth of rules has not filed any writ application and the petitioner has filed the present writ application raising grievance of respondent no.9 that he was illegally transferred thrice within a period of one

Patna High Court CWJC No.6768 of 2015(2) dt.28-11-2018 2/2 year.

The writ petition does not merit any consideration. It is dismissed as petitioner has no locus to maintain this writ petition raising grievance that respondent no.9 was transferred contrary to rules. Such proxy writ application is not maintainable, it is dismissed.

(Anil Kumar Upadhyay, J) Ravi/- U