Anil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5993 of 2017 ======================================================

1. Anil Kumar Singh Son of Sri Jagrup Singh Resident of VillagePakratola, Post- Kadwa Diyara, P.S.- Naugachia, District- Bhagalpur. .... Petitioner

Versus

1. The State of Bihar , through the Principal Secretary, Education Department, Government of Bihar, Old Secretariat, Patna.

2. The Commissioner, Bhagalpur Division, Bhagalpur.

3. District Magistrate, Bhagalpur, District- Bhagalpur.

4. The District- Education Officer, Bhagalpur, District- Bhagalpur.

5. The District Programme Officer, Bhagalpur, District- Bhagalpur.

6. The Block Development Officer, Naugachia Anchal, District- Bhagalpur.

7. The Head Master, Madhya Vidyalaya, Pakra Basa, Anchal- Naugachia, District- Bhagalpur.

8. The Head Master, Madhya Vidyalaya, Sahu Parbatta, Anchal- Naugachia, District- Bhagalpur .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar Pandey, Adv. For the Respondents : Mr. Manish Dhari Singh, AC to Aurangabad For Respondent no. 8 : M/S Sharda Nand Mishra, Dhnanjay Kumar & Deepak Kumar, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is aggrieved by the order, contained in Memo No. 240, dated 02.03.2017 (Annexure 5).

The learned counsel for the petitioner submits that in this case, this Court directed the respondents vide order, dated 14.09.2017, to file counter affidavit, but, they have not filed any counter affidavit. However, it is submitted that the petitioner has complied with the order of transfer and joined the transferred place. The learned counsel for the petitioner submits that the order of transfer is contrary to Rules and as a disciplined employee the petitioner has carried out the direction. He submits that the

Patna High Court CWJC No.5993 of 2017 (3) dt.06-02-2018 2/2 petitioner may be permitted to represent the District Programme Officer (Establishment), Bhagalpur, raising the issue of transfer contrary to Rules and the District Programme Officer (Establishment), Bhagalpur, may be directed to examine the case of the petitioner and pass appropriate order. Considering the facts that the respondents have not filed any counter affidavit in this case despite opportunity granted by this Court and the fact that the petitioner has already joined the place of posting on transfer, dated 02.03.2017, the writ application is disposed of with liberty to the petitioner to file exhaustive representation before the District Programme Officer (Establishment), Bhagalpur.

In case such representation is filed, along with the copy of the order of this Court, the respondentDistrict Programme Officer (Establishment), Bhagalpur, is required to consider the representation and if it found that the order of transfer is contrary to the Rules, the District Programme Officer (Establishment) is required to pass the corrective order within a period of sixty days, from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) SA/- U