← Library
Patna High CourtCWJC/17819/2019disposed

Sri Sushant v. The State Of Bihar

2019-10-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17819 of 2019 ====================================================== 1.

Sri Sushant, S/o Late Darmdeo Thakur, Resident of Village Doghra, P.S. Riga, Dist.Sitamarhi and 2.

Lakshman Kumar, S/o Ram Chandra Prasad Singh, Resident of Village Dumara, Ward No.2, P.S. Dumara, Dist.Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, General Administrative Department, Bihar,Patna 2.

The Director, Higher Education, Bihar, Patna 3.

The Regional Deputy Director, Secondary Education, Tirhut Division, Muzaffarpur 4.

The District Magistrate, Sitamarhi 5.

The District Education Officer, Sitamarhi 6.

The District Education Officer, Sheohar 7.

The District Programme Office (Est.), Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate Mr. Subodh Kumar, Advocate For the Respondent/s :

Mr. Vinay Kumar Mishra, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the parties.

2. The petitioners have a grievance against their transfer and posting from Sitamarhi to Sheohar and West Champaran respectively on administrative grounds.

3. Learned counsel appearing on behalf of the petitioners has submitted that if their transfers and postings are taken to be a routine matter they will have no grievance but transfer on administrative grounds imputes stigma, and,

Patna High Court CWJC No.17819 of 2019(2) dt.23-10-2019 2/2 therefore, the expression 'administrative grounds' should be removed from the orders of their respective transfers and postings.

4. Be that as it may, a transfer can be made on administrative grounds. No transfer can be treated to be punitive in nature. The present transfer order is also not punitive in nature. Mentioning of 'administrative grounds' as the reasons for their transfer and postings does not attach any stigma. The same does not require any interference by this Court, therefore.

5. This application is disposed of with the aforementioned observation.

(Chakradhari Sharan Singh, J) Rajesh/- U