Amit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11959 of 2025 ====================================================== Amit Kumar Mishra S/o Late Shreechandra Mishra, R/o Lovely Anand Path, P.O., P.S. and Dist.- Saharsa ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Water Resource Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Water Resource Department, Govt. of Bihar, Patna. 3.

The Engineer-in-Chief-cum-Special Secretary, Water Resource Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Flood Control and Water Drainage, Water Resource Department, Birpur.

5.

The Executive Engineer, Eastern Koshi Embankment Division, Chandrayan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Siyaram Pandey, Advocate For the Respondent/s :

Mr. Ravi Kumar, AC to GP13 :

Mr. Akshay Lal Prasad, AC to GP13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed for seeking following reliefs:

"I. Writ in the nature of Writ of Certiorari for setting aside/quashing the office order as contained in memo no.2116 dated 3006-2025, issued by the office of the Chief Engineer, Flood Control and Water Drainage, Water Resource Department, Birpur in case of the petitioner who is transferred from East Koshi Embankment Division, Chandrayan to the West Embankment Division, Nirmali on Administrative Ground.

And/Or II. A Writ in the nature of Writ of mandamus or an appropriate writ/writs,

Patna High Court CWJC No.11959 of 2025(3) dt.04-09-2025 2/2 order/orders or direction/directions commanding the respondents to consider the order of transfer in case of the petitioner and direct them to send him at his previous place of posting i.e in the office of the Executive Engineer, Eastern Koshi Embankment Division, Chandrayan in place of West Embankment Division, Nirmali which is passed in the teeth of the letter no.1892 dated14-Resource 10-2022 issued by the Water Department, Govt. of Bihar which has made the post as moribund (maransheel) and so can't be transferred from one division to another."

3. The petitioner has challenged his transfer order saying that it has been done on administrative grounds.

4. Learned counsel for the State submits that the petitioner has remained on the same place of posting for the last five years and he is not joining his new place of posting.

5. In my opinion, an employee of the State Government has no vested right to stay at a particular place of posting.

6. In these circumstances, this application is dismissed.

(Sandeep Kumar, J) anand/- U