Deo Chandra Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12034 of 2017 ====================================================== Deo Chandra Jha, Son of Late Anantdhari Jha, Resident of Village- Somnaha, Police Station- Chakmeshsi, District-Samastipur, at present posted as an Office Attendant in the Office of the BDO, Shivajinagar, District Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, General Administration, Government of Bihar, Patna.

2.

The Assistant Director, Revenue & Land Reforms, Government of Bihar, Patna.

3.

The Collector, Samastipur.

4.

The Sub- Divisional Officer, Samastipur.

5.

The Circle Officer, Kalyanpur, Samastipur.

6.

The Block Development Officer, Shivajinagar, Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Kant Mishra, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the parties.

The present writ application has been filed for quashing the Memo No. 577 dated 30.06.2016, issued under the signature of respondent no.3, the Collector, Samastipur, as contained in Annexure-1, whereby the petitioner has been transferred from Circle Office, Kalyanpur to Block Office, Shivajinagar. It is submitted by learned counsel for the petitioner that though, the transfer order, as contained in Annexure-1, reflects that on the request and the application made by the employees, transfer has been effected, but the petitioner has never made any request for such transfer. The petitioner is a class-IV employee

Patna High Court CWJC No.12034 of 2017(3) dt.21-09-2017 2/2 in the Circle Office of Samastipur District. The order of transfer dated 30.06.2016 has been challenged by way of present writ application on 19.08.2017 and the petitioner has joined the transferred place of posting. Hence, learned counsel for the petitioner prays for disposal of the writ application with liberty to file a representation before respondent no.3, the District Magistrate, Samastipur within a period of three weeks. Accordingly, the present writ application is disposed of with liberty to the petitioner to file a representation before respondent no.3, the District Magistrate, Samastipur within a period of three weeks from the date of receipt/production of a copy of this order, when respondent no.3, the District Magistrate, Samastipur will dispose of the same within a period of six weeks thereafter.

(Dinesh Kumar Singh, J) Amrendra/- U