Akbar Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18892 of 2017 ====================================================== Akbar Ali S/o late Md. Shaheed Village +Post- Ghurghat(Via), Gangpur Siswan, P.S. Gangpur Siswan, District- Siwan (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar through thePrincipal Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna, Bihar.

2. The Director, Primary Education, Education Department, Vikash Bhawan, Government of Bihar, Patna.

3. The District Magistrate, Siwan.

4. The District Education Officer, Siwan.

5. The District Program Officer(Establishment), Siwan.

6. Block Education Officer, Siswan, Siwan.

7. Block Development Officer, Siswan, Siwan.

8. Panchayat Secretary, Recruitment Committee, Ghurighat, Siswan, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Respondent/s :

Mr. Sunil Kumar, AC toGA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present writ petition for quashing of the order contained in memo no. 136 dated 27.11.2014 whereby he has been transferred violating the statutory rules.

Learned counsel for the petitioner submits that the order transferring the petitioner is in violation of the statutory rules. However, he admits that in compliance of the order dated 27.11.2014 the petitioner has joined the transferred place of posting.

Patna High Court CWJC No.18892 of 2017(2) dt.03-01-2018 2/2 Considering the aforesaid fact, the writ petition is disposed of with liberty to the petitioner to file a detailed representation before the respondent-District Programme Officer, Establishment, Siwan, Respondent No. 5 along with a copy of this order.

In case such a representation is filed by the petitioner indicating therein the breach of the statutory rule in the matter of transfer of the petitioner, the respondent-District Programme Officer, Establishment is required to pass appropriate order rectifying the mistake, if any, committed by the respondents in the matter of transfer and posting of the petitioner. Such exercise must be completed within a period of three months from the date of filing of the representation. (Anil Kumar Upadhyay, J) spandey/- U