Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8300 of 2025 ====================================================== Abhishek Kumar son of Late Ajay Prasad, Resident of Village Laskaripur, Post Kalwari, P.S. Kanti, District - Muzaffarpur 843108. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the District Magistrate, Muzaffarpur. 2.

District Magistrate, Muzaffarpur 3.

Additional Collector, Muzaffarpur 4.

Special Officer on duty, District Confidential Section, Muzaffarpur 5.

Deputy Collector (Establishment), Muzaffarpur 6.

Subdivisional Officer (West) Muzaffarpur.

7.

Circle Officer, Circle Office Kanti, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Respondent/s :

Mr.Addl. Advocate General (09) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-04-2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. The petitioner has filed the present writ petition with the following relief/s :- "(i) For setting aside the Order contained in Memo No.569 dated 01.04.2025 (Annexure-P/4) issued under the seal and signature of the Deputy Collector (Establishment), Muzaffarpur whereby the Petitioner has been put on deputation to the District Confidential Section, Muzaffarpur from Circle Office, Kanti where he was working as Office Attendant and also for quashing the Office Order contained in Memo No.867 dated 03.04.2025 (AnnexureP/5) issued by the Circle Officer.

Patna High Court CWJC No.8300 of 2025 dt.21-04-2026 2/3 Kantiwhereby the Petitioner has been released from the Circle Office, in haste, without considering the difficulty of the Petitioner and without assigning reasons and requirement for such deputation.

(ii) For direction upon the Respondent to consider the case of the Petitioner sympathetically under the facts and circumstances of the case mentioned herein. below, more so, where there was no exigency for such deputation of the Petitioner to the District Confidential Section, Muzaffarpur from Circle Office, Kanti where the Petitioner was discharging his duty to the satisfaction of one and all and there is / was no adverse entry against the Petitioner."

3. Learned counsel appearing for the State submits that a counter affidavit has been filed. It is further submitted that the impugned transfer order is an administrative decision taken by the respondent authorities on account of administrative exigencies.

4. This Court, without entering into the merits and demerits of the case, grants liberty to the petitioner to file a representation before the competent authority within a period of 30 days from today, if so advised. In the event such a representation is filed, the concerned authority shall consider and dispose of the same, in accordance with law, within a period of 90 days thereafter.

Patna High Court CWJC No.8300 of 2025 dt.21-04-2026 3/3

5. It is made clear that this Court has not expressed any opinion on the merits of the case, as transfer is an incidence of service and primarily within the domain of the employer. However, if the petitioner raises any grievance, it shall be open to the authority to consider the same sympathetically, in accordance with law.

6. With the aforesaid observations and directions, the present writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 21.04.2026 Transmission Date NA