Dr. Uday Datta Kumar Bose v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12905 of 2025 ====================================================== Dr. Uday Datta Kumar Bose son of Kameshwar Prasad, resident of Vidhya Apartment, B/53, Flat No.- 202, Budha Colony, P.O.- G.P.O, P.S.- Budha Colony, District and Town- Patna, Bihar, Pin- 800001. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Animal and Fisheries Resources Department, New Secretariat, Patna.

3.

The Joint Secretary, Environment, Forestry and Climate Change Department, Govt. of Bihar, Patna.

4.

The Additional Chief Secretary, Environment, Forestry and Climate Change Department, Govt. of Bihar, Patna.

5.

The Director, Sanjay Gandhi Jaivik Udyan, Environment, Forestry and Climate Change Department, Govt. of Bihar Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar, Advocate Ms. Kiran Kumari, Advocate Ms. Pragya Kiran, Advocate For the Respondent/s :

Mr. Aditya Nath Jha, SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 13-03-2026 Re: Interlocutory Application No. 1 of 2025 Learned counsel for the petitioner submits that he does not want to press the present interlocutory application. Accordingly, the interlocutory application stands dismissed as not pressed.

Re: CWJC No. 12905 of 2025

2. Heard learned counsel for the petitioner and learned counsel for the State.

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3. The present writ petition has been filed for quashing the impugned order of transfer issued vide Memo No. 3326 dated 30.06.2025, whereby the petitioner has been transferred from Patna to Gaya Forest Division, Gaya on the post of Level-9. The petitioner has further prayed for repatriation to his parent department on the ground that the respondents are not taking the services of the petitioner as a Veterinary Doctor.

4. The main grievance of the petitioner is that he is a Veterinary Doctor placed at Level-12. In support of the same, learned counsel for the petitioner has relied upon the pay slip issued by the Finance Department, Government of Bihar (Annexure-P/11 to the counter affidavit), wherein it has been indicated that the petitioner is drawing salary at Level-12. Learned counsel further submits that the petitioner has been transferred to Gaya Forest Division, Gaya where the sanctioned post is only of Level-9.

5. Learned counsel for the petitioner further submits that there is no post of Level-12 in Gaya Forest Division, and it is for this reason that the petitioner has approached this Court seeking interference with the transfer order. However, learned counsel fairly submits that so far as the prayer for quashing the

3/4 order of transfer issued vide Memo No. 3326 dated 30.06.2025 is concerned, the same has become infructuous since the petitioner has already complied with the said order by joining at Gaya Forest Division, Gaya. He submits that the remaining grievance of the petitioner is only with regard to repatriation to his parent department.

6. Learned counsel for the State, on the other hand, submits that it is the specific stand of the State, as stated in paragraph-12 of the counter affidavit, that the services of the petitioner along with other Veterinary Officers have been transferred to the Environment, Forest and Climate Change Department, Government of Bihar in accordance with the decision contained at Sl. No. 3 of Enclosure "Ka" of the Resolution dated 19.05.2025. From the said disclosure, it is evident that the posts available in the Forest Division are of Level-9 and not of Level-12, as claimed by the petitioner.

7. After hearing the parties and upon perusal of the documents on record, particularly Annexure-P/11 to the counter affidavit issued by the Finance Department, Government of Bihar, it appears that the petitioner is drawing salary at Level12, whereas from the pleadings of the State it transpires that the post available in the Forest Division, Gaya is that of Level-9.

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8. In view of the aforesaid facts and circumstances, the writ petition is disposed off with liberty to the petitioner to file a fresh representation along with a copy of this order before Respondent No. 2, namely the Additional Chief Secretary, Animal and Fisheries Resources Department, New Secretariat, Patna, within a period of 30 days from today explaining the facts and circumstances of his case. Upon receipt of such representation, the respondent No.2, namely, the Additional Chief Secretary, Animal and Fisheries Resources Department, New Secretariat, Patna shall consider the same and, if the case of the petitioner is found fit for repatriation, appropriate orders shall be passed for repatriation of the petitioner to his parent department in accordance with law within 60 days thereafter.

9. With the aforesaid observations and directions, the present writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 16/03/2026 Transmission Date NA