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Patna High CourtCWJC/19460/2019disposed

Umesh Chaudhary, v. The State Of Bihar

2019-11-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19460 of 2019 ====================================================== 1.

Umesh Chaudhary, Son of Nageshwar Chaudhary, resident of VillageJitwaria, P.S. Kalyanpur, District- Samastipur. 2.

Sanjeev Kumar, Son of Shyam Nandan Chaudhary, resident of VillageMahmadpur Deopar, P.S. Pusa, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Agriculture Department, Bihar, Patna.

2.

The Director Agriculture, Bihar, Patna.

3.

The Joint Director (Agronomy) Darbhanga Division, Darbhanga. 4.

The District Agriculture Officer, Samastipur. 5.

The Sub Divisional, Agriculture Officer (General), Sadar, Samastipur. 6.

The Block Agriculture Officer, Kalyanpur Block, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Respondent/s :

Mr.Ashok Kumar Pathak, AC to GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-11-2019 Heard learned counsel for the parties.

2. The petitioners have questioned the order bearing No. 118 dated 13.09.2019 issued by the District Agriculture Officer, Samastipur whereby they have been transferred from their respective panchayats to another block, which according to them is arbitrary and in breach of the directives issued by the Director Agriculture, Bihar under Memo No. 193 dated 13.08.2019. The petitioners figure at serial no. 28 and 182 respectively in the said order dated 13.09.2019.

Patna High Court CWJC No.19460 of 2019(3) dt.04-11-2019 2/2

3. The petitioners do not appear to have approached the authorities raising grievance against their transfers/ postings.

4. In the facts and circumstances of the case, this application is disposed of with an observation that the petitioner may approach the District Agriculture Officer and the Director Agriculture raising their grievance against the impugned orders of their transfers/postings. The Court expects that if any application is made within a fortnight from today, the same shall be considered and disposed of by the District Agriculture Officer within a fortnight thereafter. If the plea, which the petitioners take before the District Agriculture Officer in their representations filed pursuant to the present order, is/ are not found acceptable to the District Agriculture Officer, Samastipur, he will be required to pass a reasoned and speaking order. I have directed the District Agriculture Officer, Samastipur to pass reasoned and speaking order in view of the stand taken on behalf of the petitioners that the said action is against the policy of transfer and posting as contained in the letter dated 13.08.2019 issued by the Director Agriculture, Bihar. (Chakradhari Sharan Singh, J) Rajesh/- U