Kaushlendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13433 of 2024 ====================================================== Kaushlendra Kumar S/o Late Saryoo Prasad Sharma @ Saryoo Prasad Sharma, Resident of village- Summat Bigha, P.S.- Paras Bigha, DistrictJehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Principal Secretary, General Administration Department, Govt. of Bihar, Patna. 2.

The Collector, Jehanabad, District- Jehanabad. 3.

The Deputy Collector, District Establishment Jehanabad, DistrictJehanabad. 4.

The Block Development Officer, Jehanabad, District- Jehanabad. 5.

The S.D.O. Sadar Jehanabad, District- Jehanabad. 6.

The District Land Acquisition Officer, Jehanabad, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siya Ram Sah, Adv.

For the Respondent/s :

Mr. S.D. Yadav, AAG9 :

Mr. Anil Kr. Verma, AC to AAG9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Counsel for the petitioner submits that the present writ petition has been filed for challenging the Memo No.22(MU) dated 29.06.2024 issued by the District Magistrate, Jehanabad (Annexure-6). The further prayer has been made directing the respondents after cancelling the deputation in District Land Acquisition Office, Jehanabad to continue him in Block Office, Jehanabad where he was posted substantively before issuing the Memo dated 29.06.2024.

Patna High Court CWJC No.13433 of 2024(2) dt.09-09-2024 2/3

3. Counsel for the petitioner submits that the petitioner is well aware that he is an employee and he has to follow the direction of his employer for the purpose of his work. Counsel also submits that he is also aware that the transfer is the discretion of the employer, but he has only grievance that he must not continue on the deputation rather he is ready for transfer anywhere only on substantive post.

4. Counsel further submits that the petitioner has filed representation for posting at the nearest place due to his illness. It is due to this reason, his posting has been considered at his native place earlier.

5. It transpires that there are representations filed by the petitioner to the District Magistrate and with regard to transfer, the policy has been framed at the level of the Government vide Annexure-8 of the present writ petition contained in Memo No.1243 dated 08.10.2014.

6. In the light of the facts and circumstances placed by the parties, the present writ petition is hereby disposed off directing the District Magistrate, Jehanabad to pass a reasoned and speaking order on the representation of the petitioner considering Annexure-8 (Memo No.1243 dated 08.10.2014) within 90 days from the date of production of this order.

Patna High Court CWJC No.13433 of 2024(2) dt.09-09-2024 3/3

7. In the meantime, the order contained in Memo No.22(MU) dated 29.06.2024 issued by the District Magistrate, Jehanabad (Annexure-6) shall not be operative till disposal of the said representation.

8. With the aforesaid directions, the present writ application is hereby disposed off.

(Dr. Anshuman, J.) Prakashmani/- U