Disposed

Nand Kishore Prasad Singh v. the State of Bihar and Ors.

Patna HC12 Aug 2010CWJC/12173/2010

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AI extract

What is this about?

Petitioner challenged his transfer ordering him to join a post occupied by another employee protected by an interim order. Court directed authorities to ensure compliance with the interim order within two weeks and disposed the writ.

What did the court decide?

Directing respondents to consider petitioner's transfer in light of incumbent's interim order within two weeks and dispose accordingly while ensuring petitioner is not faulted if interim order remains

Nand Kishore Prasad Singh Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12173 of 2010

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NAND KISHORE PRASAD SINGH S/O SRI BAIDYANATH PRASAD SINGH R/O STATION ROAD, P.O.&P.S.ROSERA, DISTT-SAMASTIPUR, PRESENTLY POSTED AS SUPERINTENDENT OBSERVATION HOME-CUM-BAL GRIH AT BEGUSARAI Versus

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THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF BIHAR IN THE DEPARTMENT OF SOCIAL WELFARE PATNA 2. THE DIRECTOR, SOCIAL WELFARE , DIRECTORATE BIHAR, PATNA 3. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF BIHAR IN THE DEPARTMENT OF HEALTH AND FAMILY WELFARE PATNA

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SRI PRABHAT KUMAR TIWARI , SUPERINTENDENT OF SPECIAL HOME PATNA

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----------- 02. 12.08.2010 Heard learned counsel for the petitioner and

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learned counsel for the State.

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The petitioner is aggrieved by his order of transfer dated 24.7.2010 from Begusarai to Muzaffarpur.

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Learned counsel for the petitioner submits that the post to which he has been transferred at Muzaffarpur is not vacant and continuous to be occupied by the erstwhile incumbent, in view of his having obtained interim order from this Court in his favour against his transfer in C.W.J.C. No. 3104 of 2009 on 6.3.2009.

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It appears that the petitioner has rushed to this Court without inviting the attention of the

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authorities to that fact.

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This Court finds substance in the submission of the petitioner that he cannot be transferred and posted on a post already occupied by another who has an interim order of this Court in his favour. Let the respondents consider issues with regard to the transfer of petitioner in the aforesaid context within a maximum

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period of two weeks from the date of receipt/production of a copy of this order and dispose it of in accordance with law.

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It is clarify that, if the interim order in C.W.J.C. No. 3104 of 2009 of this Court continues to be operative, the petitioner cannot be faulted with for any reason or purpose.

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The application stands disposed.

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P.K.

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(Navin Sinha, J.)

Nand Kishore Prasad Singh v. the State of Bihar and Ors.

Case brief

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Nand Kishore Prasad Singh v. the State of Bihar and Ors.

Case brief

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