Anil Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.3928 of 2017 (2) dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3928 of 2017 ====================================================== Anil Kumar Singh, Son of Late Tej Narayan Singh, Resident of village - Benaut, P.O. Saraon, P.S. Rasulpur, District- Saran at Chapra, Presently Working Estimator, Central Circle, Road Construction Department, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Road Construction Department, Govt. of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.

3. The Engineer in Chief -cum- Additional Secretary -cum- Special Secretary, Road Construction Department, Govt. of Bihar, Patna.

4. The Superintending Engineer, Central Road Circle, Road Construction Department, Govt. of Bihar, Patna.

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

For the Petitioner/s : Mr. Uday Bhan Singh, Adv. For the Respondent/s : Mr. Raj Ballabh Pd. Yadav, AAG-11 Dr. Sanjay Kr. Singh, AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-06-2017 Heard the parties.

In this writ petition the order of transfer bearing Memo No.1232(E) dated 6.3.2017 present at Annexure-4 is being questioned and the petitioner relies upon a resolution of the State Government in its Road Construction Department dated 4.6.1988 present at Anenxure-1 to submit that certain stipulation are present at Clause 2 which has not been followed.

Transfer is an exigency of service and whenever a situation arises, such administrative orders can be passed. There is nothing on record to show that the order of transfer suffers any form of infirmity to require interference.

The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U