Mahendra Pratap Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19919 of 2018 ====================================================== Mahendra Pratap Singh, son of late Brajendra Pratap Singh, resident of Village Garh Barwari, P.S. Supaul, Dist. Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Home Police Department, Government of Bihar, Patna.

3.

The Director General of Police, Bihar, Old Secretariat, Patna. 4.

The Joint Secretary, Home Department, Special Branch, Patna. 5.

The Inspector General of Bihar, Bhagalpur.

6.

The Superintendent of Police, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Singh, Adv.

Mr. Bharat Bhushan, Adv.

For the Respondent/s :

Mr. Mankeshwar Tiwari, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 06-11-2018 Heard learned counsel for the petitioner and counsel for the State.

In the present case, the petitioner was posted as S.D.P.O. at Tarapur Sub-Division and is going to retire on 31.1.2019. Before Tarapur, the petitioner was posted at Saharsa in B.M.P.-12 and he was brought to Tarapur Sub Division vide notification no. 6978 dated 29.8.2018 and, accordingly, he joined at Tarapur on 1.9.2017. The petitioner remained there for one year and, vide notification no. 8578 dated 29.9.2018, he has been transferred from Tarapur Sub-Division to Special Branch, Patna. Learned counsel for the petitioner submits that the petitioner is going to retire on 31.1.2019, only few months left for

Patna High Court CWJC No.19919 of 2018 dt.06-11-2018 2/2 his retirement and there is a policy of the Government that in the last year of tenure of service, the employee will be allowed to be posted at the place as per his choice and, in the present case, he wants to stay at Tarapur, Munger.

This Court, vide order dated 11.10.2018, had adjourned the case directing the State to file counter affidavit and, in the meantime, no coercive step will be taken against the petitioner but, in the meantime, another person, namely, Ramesh Kumar, who was transferred from the Headquarter, Bhagalpur to Tarapur, Munger, has been allowed to take charge from the petitioner and coercively the petitioner was to handover the charge to him. As the petitioner has to retire in a short period of time, this Court directs the Joint Secretary, Government of Bihar that the petitioner should be allowed to function at Tarapur as S.D.P.O. till his retirement as per the policy decision of the State Government and Sri Ramesh Kumar should be adjusted at appropriate place. With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.11.2018 Transmission Date