Patna High CourtCWJC/8384/2017allowed

Biresh Kumar Singh v. The State Of Bihar And ORS

2017-11-07Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8384 of 2017 ====================================================== Biresh Kumar Singh, Son of Late Rajeshwar Singh, Resident of VillageKuwarpur, P.O.-Parshurampur, P.S.- Pipra, District-East Champaran at Motihari, presently working as Clerk in the Public Health Sub-Division, Raxaul, District-East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary Government of Bihar, Patna

2. The Principal Secretary, Public Health Engineering Department, Government of BIhar, Patna.

3. The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, Patna.

4. The Chief Engineer, Public Health Engineering Department, Muzaffarpur

5. The Superintending Engineer, Public Health Engineering Circle, Motihari District-East Champaran at Motihari.

6. The Executive Engineer, Public Health Engineering Division, Motihari, District-East Champaran at Motihari

7. The Assistant Engineer, Public Health Engineering Sub-Division, Raxaul, District-East Champaran at Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Singh, Advocate For the Respondents : Mr. Lalan Kumar, A.C. to G.P.-9 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-11-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. It appears that contrary to the standing orders issued by the State Government with regard to transfer of Office-bearers of any Union during the period he holds office, the petitioner has been transferred, which is against the policy decision of the State Government. No administrative reason has been assigned in the transfer order and there is no finding to the effect that it is not in

Patna High Court CWJC No.8384 of 2017 (5) dt.07-11-2017 2/2 the public good.

Considering the aforementioned facts and circumstances, the impugned order of transfer dated 30.06.2017 (Annexure- 9), being contrary to Circular No.B/Sangh/3-102/95903 dated 17th May, 1995, stands vitiated. It is, accordingly, set aside.

The writ application, thus, stands allowed.

(Anjana Mishra, J) PNM U