Radhe Shyam Safi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1370 of 2018 ====================================================== Radhe Shyam Safi Son of Late Achhe Lal Safi, Resident of VillageGhonghour, P.S. Babu Barhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Education, Govt. of Bihar, Patna. 3.

The District Magistrate, Madhubani.

4.

The District Education Officer, Madhubani.

5.

The District Programme Officer, Establishment, Madhubani. 6.

The Block Education Officer, Pandaul, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 02-01-2023

1. No one appears.

2. The petition has been preferred for quashing of the order dated 14.12.2017, whereby the petitioner was asked to give willingness within three days for transfer to another School. Transfer being an incident of service, is not a subject matter of judicial review, unless the same is effectuated by malice or is barred by law.

3. Keeping in view above, this Court finds that the petitioner has been asked to give her willingness to transfer after long period as she was appointed in the year 1992.

4. Keeping in view the provisions, the order cannot be

Patna High Court CWJC No.1370 of 2018(5) dt.02-01-2023 2/2 said to be illegal or unjustified.

5. The writ petition is mis-conceived and accordingly dismissed.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 54 U