Patna High CourtCWJC/11689/2016disposed

Mukesh Kumar Rajak v. The State Of Bihar And ORS

2017-06-29Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11689 of 2016 =========================================================== Mukesh Kumar Rajak Son of Mahesh Rajak Resident of village - Ghorghat, P.S. Bariyapur, District - Munger .... .... Petitioner

Versus

1. The State of Bihar through the principal Secretary, General Administration departments, Govt. of Bihar, Patna.

2. The Commissioner, Bhagalpur Range, Bhagalpur.

3. The Collector, Banka.

4. The Collector, Munger

5. The Dy. Collector(Establishment), Banka

6. Circle officer, Sambhuganj, Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv. For the Respondent/s : Dr. Mankeshwar Tiwari, AC to AAG-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 29-06-2017 Heard Mr. Arun Kumar, learned counsel for the petitioner and Dr. Mankeshwar Tiwari, AC to AAG-3, for the State. Mr. Arun Kumar, learned counsel for the petitioner, submits that the petitioner had filed an application before the General Administration Department for inter-district transfer i.e. from Banka to Collectorate Munger and which has also been acted upon by the General Administration Department as manifest from Annexure 1, which is letter dated 13.6.2011 of the Deputy Secretary, General Administration Department requiring consent of the District Magistrate of the districts of Banka and Munger.

He submits that a period of almost six years has lapsed when such process has been initiated and ultimately, the District Magistrate, Banka while expressing no objection to the transfer of the petitioner to Munger vide his letter dated 2.5.

Patna High Court CWJC No.11689 of 2016 dt.29-06-2017 petitioner to the General Administration Department vide Annexure 7 to the supplementary affidavit and the District Magistrate, Munger on his turn has also granted consent to the transfer of the petitioner to Munger vide his letter dated 15.5.2017 addressed to the Principal Secretary, General Administration Department, present at Annexure 8 to the supplementary affidavit. The District Magistrate, Munger has also informed the Principal Secretary, General Administration Department that one post of Clerk is vacant in Munger Collectorate.

In the circumstances so discussed, this writ petition is disposed of with a direction to the Principal Secretary, General Administration Department to pass final orders on the request of the petitioner for inter-district transfer in view of the consent so given by the District Magistrate, Banka as well as District Magistrate, Munger bearing in mind that a vacant post of Clerk is available at the Collectorate Munger as informed by the District Magistrate, Munger. Let the order be passed within a period of six weeks from the date of receipt/ production of a copy of this order.

The writ petition is disposed of with the aforementioned directions.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2017 Transmission Date NA

Patna High Court CWJC No.11689 of 2016 dt.29-06-2017