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Patna High CourtCWJC/10488/2015disposed

Anil Kumar v. The State Of Bihar And ORS

2015-07-20Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10488 of 2015 ====================================================== Anil Kumar, Son of Sri Ram Ratan Prasad Singh, resident of VillageMakanpur, Police Station- Warisaliganj in the district of Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Transport Department, Government of Bihar, Patna.

2. The Principal Secretary-cum-State Transport Commissioner, Transport Department, Government of Bihar, Patna.

3. The District Transport Officer, Khagaria.

4. The Additional Secretary, Transport Department, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Sunil Kumar, Adv For the Respondent/s : Mr. GP13- Nasim Yahya ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 20-07-2015 Heard learned counsel for the parties.

The petitioner in this writ application has come out for issuance of a direction to consider his case of transfer.

Learned counsel for the petitioner submits that the representation of the petitioner for his transfer is pending before the competent authority.

This Court without going into the merit of the claim of the petitioner, would simply direct the competent authority to ensure that on such pending

Patna High Court CWJC No.10488 of 2015 (2) dt.20-07-2015 representation of the petitioner, appropriate decision must be taken on the same, strictly in accordance with law within the aforementioned period of five months from the date of receipt of this order. If the petitioner is ultimately found to be eligible for transfer, his name may also be included in the general transfer to be effected in the month of November/December.

It is made clear that this Court has not gone into the merits of the case of the petitioner and if the competent authority finds the petitioner's claim of transfer is not maintainable, it would pass a speaking order within the same period of five months and communicate the same to the petitioner.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U