Niraj Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19408 of 2016 =========================================================== Niraj Kumar Singh S/o Sri Brahmdeo Singh, Resident of Ratanpur, P.S. - Gidhaur, District - Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar through Block Development Officer, Gidhour, Jamui.

2. District Magistrate, Jamui.

3. District Programme Officer, Establishment (Education), Jamui.

4. District Education Officer, Jamui.

5. Block Education Officer, Gidhaur, Jamui.

6. Head Master, Middle School, Ratanpur, Circle, Gidhaur, Jamui.

7. Head Master, Up graded Middle School, Dholkatwa, Gidhaur, Jamui. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the State :

Mr. Vikas Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-06-2017 Heard learned counsel for the petitioner and State.

2. The petitioner was aggrieved by his transfer from Middle School, Ratanpur to Upgraded Middle School, Dholkatwa. In terms of the earlier order, he has been allowed to join at his transferred place. However, the said transfer, being on administrative ground, in the background of there being an enquiry report and F.I.R. lodged, in the considered opinion of the Court, the remedy for the petitioner is to contest the proceeding initiated on the enquiry report as well as criminal case, which shall be dealt with, in accordance with law, by the concerned Court/Authority.

3. Learned counsel for the petitioner submitted that he

Patna High Court CWJC No.19408 of 2016 dt.29-06-2017 2/2 may be permitted to represent against such transfer before the Prescribed Authority which may be considered appropriately.

4. Learned counsel for the State does not object.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to represent against his transfer before the Prescribed Authority in accordance with law. It is expected that if such representation is filed within two weeks from today, along with a copy of this order, the Prescribed Authority shall consider the same on its own merit, in accordance with law, taking note of all the points raised by the petitioner in such representation. (Ahsanuddin Amanullah, J.) P. Kumar U