Deepak Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15252 of 2017 ====================================================== Deepak Kumar Son of Late Suresh Prasad Singh, Resident of VillageKishanpur, Police Station- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through Commissioner and Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.

The District Programme Officer Establishment, Supaul. 3.

The District Education Officer, Supaul.

4.

The Block Development Officer-cum-Member Secretary, Niyojan Samiti, Kishanpur, District- Supaul.

5.

The Block Education Officer, Pirganj, District- Supaul. 6.

The Pramukh, Panchayat Samiti, Prakhand Niyojan Samiti, Kishanpur, District- Supaul.

7.

The Head Master, Primary School, Pirganj, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Nath Singh, Adv.

Mr. Kamal Kishore Singh, Adv.

For the Respondent/s :

Mr. S.K. Ranjan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is aggrieved by the order of transfer of dated 30.12.2016 and letter dated 06.09.2017 contained in Annexure-1.

Learned counsel for the respondents in para 6 of the counter affidavit has taken stand that the transfer was made at the request of the petitioner.

Mr. Amar Nath Singh, learned counsel appearing on

Patna High Court CWJC No.15252 of 2017(3) dt.27-06-2019 2/2 behalf of petitioner submits that the petitioner has not filed any application for the transfer and the stand so taken in para 6 of the counter affidavit is incorrect.

Without going to the controversy whether the petitioner has approached for transfer or not, the present writ petition is disposed of with liberty to the petitioner to file representation before the District Programme Officer (Establishment), Supaul within a period of fortnight from today alongwith the copy of this order for decision afresh. In the event, petitioner files representation, the District Programme Officer (Establishment), Supaul shall provide opportunity of hearing to the petitioner within one week from the date of filing of representation and thereafter he will pass appropriate order on the representation of the petitioner. Until fresh order is passed by the District Programme Officer (Establishment), Supaul the petitioner shall not be disturbed from his present place.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U