Disposed

Shekhar Saran Srivastava v. the State of Bihar and Ors.

Patna HC26 Oct 2010CWJC/9451/2010

Case brief

AI extract

What is this about?

This writ petition challenged the cessation of formal handing over of charge after a government servant's transfer. The Court observed that the State is responsible for enforcing service discipline when an officer refuses to cooperate, and directed the authorities to complete the transfer formalities under Rule 59 of the Bihar Service Code. The application was disposed of.

What did the court decide?

Directed the Engineer-in-Chief to take steps to complete the formal handing over and taking over of charge under Rule 59 of the Bihar Service Code.

Shekhar Saran Srivastava 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

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 CWJC No.9451 of 2010

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1. SHEKHAR SARAN SRIVASTAVA S/O SRI KAMESHWAR PRASAD SRIVASTAVA POSTED
AS JUNIOR ENGINEER, BRANCH NAVINAGAR, ROAD CONSTRUCTION DEPARTMENT
NO.1, AURANGABAD

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 Versus

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1. THE STATE OF BIHAR THROUGH, THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL
COMMISSIONER-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT,
GOVT. OF BIHAR, PATNA

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2. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM-SPECIAL
SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA
3. THE ASSISTANT ENGINEER, INCHARGE OF THE EXECUTIVE ENGINEER, ROAD
CONSTRUCTION DEPARTMENT, AURANGABAD

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4. SRI AWDHESH PRASAD, THE ASSISTANT ENGINEER, ROAD CONSTRUCTION
DEPARTMENT, AURANGABAD

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 -----------

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26.10.2010 Heard learned Counsel for the petitioner and the learned

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Counsel for the State.

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The petitioner, a Junior Engineer, was posted at the Road Construction Division No. II, at Aurangabad. His services have been placed at the disposal of Urban Development Department byorderdated21.4.2010. He is stated to have joined the latter post also.

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Learned Counsel for the petitioner makes a limited submission that he was asked to hand over charge within three days of the date of the order. No formal handing over and taking over of the charge has taken place till date and it may create further complications in his service career.

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Learned Counsel for the State submits that if the petitioner has been transferred from Aurangabad and has joined his new posting there has to be formal handing over and taking over of the charge in accordance with Rule 59 of the Bihar Service Code.

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The aforesaid Rule makes it apparent that the obligation for handing over and taking over charge rests on the transferred officer, the officer who has been posted afresh which has to be

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coordinated by the State Government officials. Quite naturally if the transferred officer or the officer posted afresh does not cooperate in handing or taking over charge the responsibility lies with the State Government to enforce service discipline.

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Since the matter pertains purely to administration, this Court directs the Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, to take necessary steps in accordance with Rule 59 of the Bihar Service Code with due intimation of the date and time to the petitioner and the officer concerned to whom charge has tobe handed over so that this administrative procedure is completed forthwith without any unnecessary delay.

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The writ application stands disposed.

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Snkumar/- (Navin Sinha,J.)

Shekhar Saran Srivastava v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shekhar Saran Srivastava v. the State of Bihar and Ors.

Case brief

What is this about?

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What the court decided

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