Dinesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9511 of 2017 ====================================================== Dinesh Prasad S/o Late Ajab Lal Ray, resident of Village - Dihuli, Police Station - Sakra, District - Muzaffarpur and presently posted as District Agriculture Officer, Rohtas.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Agriculture, Government of Bihar, Patna.

3. The Additional Secretary, Department of Agriculture, Government of Bihar, Patna.

4. The Deputy Secretary, Department of Agriculture, Government of Bihar, Patna.

5. Sri Radha Raman son of not known Presently posted as Deputy Director (Agronomy), Oil Seed, Bihar, Patna.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. Mr. Avinash Kumar, Adv.

Mr. Rajeev Shekhar, Adv.

For the Respondent/s : Mr. Sanjay Kumar, AC to SC 15 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned counsel for State.

The petitioner seeks to challenge the order as contained in Memo No. 2588 dated 30.06.2017 by which the petitioner has been transferred as Deputy Agriculture Officer (Engineering) Soil Preservation, Lakhisari.

Learned counsel for the petitioner submits that the petitioner was earlier transferred from Ara to

Rohtas on 29.06.2015 vide Annexure-1. Thereafter, just after completion of 2 years, the petitioner has been transferred again from Rohtas to Lakhisarai. Learned counsel for the petitioner further submits that till date, the petitioner has not joined at the present place of posting. One of the grounds which he has taken for assailing the impugned order is that the petitioner's controlling authority is a person who is much below to him in the seniority list of the cadre which is wholly demoralising. As such, he is reluctant to join on the place of posting. He further submits that his representation dated 01.07.2017 has not yet been disposed off in which he has taken the ground that he has been transferred to a place where a trained person can manage the work efficiently whereas no such training has been provided to him.

Considering the aforesaid facts and also because the representation of the petitioner has not yet been disposed off, the matter is remitted back to the Principal Secretary, Department of Agriculture, Bihar Patna so that he may take appropriate decision in the matter within a period of four weeks from the date of

receipt/production of a copy of this order.

Accordingly, the writ application stands disposed off.

(Anjana Mishra, J) Jagdish/- U