Disposed

Md.Israil v. the State of Bihar and Ors.

Patna HC21 Jan 2009CWJC/16/2009

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging an order annulling a transfer. It ruled that if the petitioner joined the transfer, the annulment is illegal citing precedent. Conversely, if not joined, the annulment remains valid as the transfer order was still alive.

What did the court decide?

Writ application disposed with directions that annulment is illegal if transfer was joined; otherwise, annulment was lawful.

Md.Israil Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.16 of 2009
 MD.ISRAIL
 Versus
 THE STATE OF BIHAR & ORS
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2/ 21/01/2009. Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner was transferred by an order dated 30.6.2008 from Sadar Office, Kishanganj to Block Office, Muzaffarpur. The order of transfer is alleged to have been selectively annulled on 3.10.2008.

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There is no pleading in the application that in pursuance of the order of transfer dated 30.6.2008 the petitioner had joined so as to make the order of transfer a spent force and redundant i.e. no more in existence for modification or annulment. This Court, therefore, finds difficult to grant any positive relief to the petitioner with regard to the order dated 3.10.2008.

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The writ application is disposed with the observation that if the petitioner had joined in pursuance of the order dated 30.6.2008 at the transferred place of posting, the subsequent order dated 3.10.2008 shall be illegal in view of the law laid down by this Court in two Bench decisions reported in 2000(3) P.L.J.R. 139 (Mahmood Azam Siddique (in 12287), Dr.

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Ramchandra Safi (in 11477) vs. The State of Bihar & Ors.) and 2000(2) P.L.J.R. 332 ( Smt. Jyotsna Kumari

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vs. State of Bihar and others) that an order of transfer once acted upon loses its relevance and there can be no annulment or modification of the same.

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In the event that the petitioner had not joined the transferred place of posting in pursuance of the order dated 30.6.2008, this Court shall find no error in the order dated 3.10.2008 calling for interference as till that date the order remains still alive and in existence.

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( Navin Sinha, J.)

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Md.Israil v. the State of Bihar and Ors.

Case brief

What is this about?

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Md.Israil v. the State of Bihar and Ors.

Case brief

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