Shobha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14086 of 2018 ====================================================== Shobha Kumari, Wife of Dilip Kumar, Resident of -Paschim Tola, Police Station-Ara Town, Diustrict-Ara.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The District Magistrate, Bhojpur, Ara.

4. The Additional Collector, Bhojpur, Bhojpur Ara.

5. The Establishment Deputy Collector, Bhojpur, Bhojpur Ara.

6. The District Sub-Registrar, Bhojpur, Bhojpur Ara

7. The Mission Director, Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

8. The Additional Director, Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Suman Kumar Jha, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking relief that the order of transfer should be quashed and she should be brought back to the District Sub-Registry Office, Bhojpur, Ara. The petitioner is an Executive Assistant, was deputed at District Sub-Registry Office, Bhojpur, Ara. The engagement

Patna High Court CWJC No.14086 of 2018(2) dt.16-08-2018 2/2 of the petitioner is on contract basis. As per Clause-6 of the contract, the persons who have been engaged on contract basis cannot be transferred to another place. However, on receipt of a complaint, inquiry was conducted by the Collector and found allegation primafacie true, shifted the petitioner from District Sub-Registry Office, Bhojpur, Ara to Sub Registry Office, Piro. Grievance has been raised that she is a lady and as per the terms of the contract she cannot be shifted to SubRegistry Office, Piro. It appears that the petitioner has already joined the new place of posting and has file a representation before the District Magistrate, Bhojpur, Ara.

In such view of the matter, let the District Magistrate, Bhojpur, Ara, examine the representation of the petitioner and dispose of the same in accordance with law.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U