Allowed

Dipesh Kumar v. The State Of Bihar and Ors.

Patna HC6 Jul 2012CWJC/11449/2012

Case brief

AI extract

What is this about?

In this oral order, the Patna High Court exercised its writ jurisdiction to quash a cancellation of a transfer order. The Court held that once a transfer order is accepted and the employee joins the new place of posting, the original order ceases to exist and cannot be canceled by the respondents.

What did the court decide?

The order impugned is quashed and the application is allowed.

Dipesh Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2012)

¶1

Patna High Court CWJC No.11449 of 2012 (2) dt.06-07-2012

¶2

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11449 of 2012

¶3

	====================================================== Dipesh Kumar .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15
	====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER
2	06-07-2012 Heard learned counsel for the petitioner and the
	State.
	By order dated 31.1.2012 the petitioner was
	transferred to Upgraded Middle School, Daha, Gamharia,
	Madhepura, was relieved and joined immediately. After he
	had joined, the respondents have cancelled the transfer on
	28.2.2012. The only question of law for consideration in the
	case is after a person has been transferred and joins his place of posting, the order for transfer no more exists. Could
	the respondents cancel a non-existent order. The matter stands fully covered by the decision in C.W.J.C. No.16215/08
	affirmed in L.P.A. No.828/09.

¶4

The order is quashed. The application stands allowed.

¶5

(Navin Sinha, J)

¶6

K.C.jha/-

Dipesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Dipesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manoj Paswan Vs the State of Bihar and Ors.

Shushila Kumari Vs The State Of Bihar and Ors.

Smt.Arti Devi Vs the State of Bihar and Ors.

Geeta Jaiswal Vs the State of Bihar and Ors.

Atal Bihari Singh Vs the State of Bihar and Ors.

Jamwanti Devi and Ors. Vs the State of Bihar and Ors.