Firoj Alam And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5148 of 2018 ====================================================== 1.

Firoj Alam Son of Md. Amil, Resident of Village- Mansha Tola, Police Station- Bettiah Muffasil, District- West Champaran. 2.

Ramashray Ram, Son of Late Mohan Ram, Resident of Village- Semra Brit, Police Station- Majhauliya, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The District Magistrate, West Champaran at Bettiah. 3.

The Executive Officer, Zila Parishad, Bettiah, District- West Champaran. 4.

The District Education Officer, Bettiah, District- West Champaran. 6.

The District Programmer, Officer, Education Department, Bettiah, West Champaran.

7.

The Head Master, Upgraded High School, Birwa, Police StationMajhauliya, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the State :

Mr. Apurv Harsh, AC to SC 28 For the Respondent No. 3 Mr. B.N. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-04-2019 The short prayer of the petitioners is that by an order dated 24.1.2018 passed by the Deputy Development Commissioner cum Chief Executive Officer, District Board, West Champaran, Bettiah, though the petitioners have been transferred, to which the learned counsel for the petitioners submits that the petitioners do not have any grievance, but it has

Patna High Court CWJC No.5148 of 2018(6) dt.09-04-2019 2/3 been stated that the transfer is being made on account of the petitioners having found guilty of ill behaviour. 2.

It is submitted that at the moment, the present writ petition is not being pressed qua the petitioner no. 1 since he has already been working elsewhere, however, as far as the petitioner no. 2 is concerned, it is submitted that the aforesaid order dated 24.1.2018 casts a stigma upon the petitioner no. 2, hence it be clarified that the same would not be an impediment in future career of the petitioner no. 2.

3.

Per contra, the learned counsel for the respondents has submitted that it is upto the Hon'ble Court to make any observation on the aforesaid prayer of the petitioner no. 2 herein.

4.

Having regard to the facts and circumstances of the case, as also considering equities and with a view to secure the ends of justice, this Court is of the view that it would be appropriate to dispose of the present writ petition with a direction that the aforesaid order dated 24.1.2018 shall not cast any stigma upon the career of the petitioner herein and would not be an impediment so as far as the future career prospects of the petitioner no. 2 is concerned, however, with a condition that in case, in future, the petitioner no. 2 is found guilty of any sort of

Patna High Court CWJC No.5148 of 2018(6) dt.09-04-2019 3/3 ill behaviour, then the present order would become void and the punitive effect of the order dated 24.01.2018 shall revive. 5.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U