Patna High CourtL.P.A/1149/2017dismissed

Nirbhay Kumar Niranjan v. The Union Of India And ORS

2017-12-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1149 of 2017 IN Civil Writ Jurisdiction Case No. 4829 of 2017 =========================================================== Nirbhay Kumar Niranjan, Son of Chandeshwar Prasad Singh, resident of village - Aurangabad, Police Station- Kahalgaon, District - Bhagalpur. .... .... Appellant/s

Versus

1. The Union of India, through the Secretary, Department of Home Affairs, Government of India, New Delhi

2. The Secretary, Department of Home Affairs, Government of India, New Delhi

3. The Director General, Central Industrial Security Force, Lodhi Road, New Delhi

4. The Inspector General, Central Industrial Security Force, Headquarter, Lodhi Road, New Delhi

5. The Inspector General, Central Industrial Security Force, East Zone, Boring Road, Patna

6. The Deputy Inspector General, Central Industrial Security Force, East Zone, Boring Road, Patna

7. Assistant Commandant, Central Industrial Security Force Unit, Kahalgaon Super Thermal Power Project, Kahalgaon, Bihar

8. The Deputy Commandant, Central Industrial Security Force Unit, Kahalgaon Super Thermal Power Project, Kahalgaon, Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. S.D Sanjay (Addl. S.G.) Mr. Shyam Bihari Singh, CGC =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 11-12-2017 Ref.: I. A. 5999 of 2017 The present interlocutory application has been filed for condoning the delay of 58 days in filing the appeal.

2. For the reasons mentioned in the interlocutory application, I.A. No. 5999 of 2017 is allowed and the delay in filing

Patna High Court LPA No.1149 of 2017 dt.11-12-2017 2/2 the appeal is condoned.

3. Having heard learned counsel for the parties, we find that writ petitioner has been transferred because of certain reasons, which are indicated by the respondents in their counter affidavit (Annexure-A), even though the writ petitioner alleges that these are acts of omission and commission and allegations made against him because he has been transferred without granting even an opportunity and in violation of the principles of natural justice.

4. We are of the considered view that in the case of transfer, the reasons indicated in Annexure-A to the counter affidavit, even though it amounts to allegation for the purpose of transfer, its reason is administrative in nature, which compelled the authorities to transfer the writ petitioner and this being exercised on administrative power of transfer, we see no reason to make any indulgence into the matter.

5. The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date14.12.2017 Transmission Date NA