Partly allowed

Kamal Kumar Singh v. The State Of Bihar and Ors.

Patna HC26 Sept 2012CWJC/17647/2012

Case brief

AI extract

What is this about?

Single judge disposed of a Contempt Petition and Civil Writ petition challenging transfer orders of government employees. The court quashed the transfer orders of the petitioner and respondent No. 5 due to factual disputes regarding misrepresentation and policy violation, allowing the government to pass a fresh order.

What did the court decide?

Quashed the transfer order of the petitioner and respondent No. 5; disposed of the Contempt Petition and Writ Petition.

Kamal Kumar Singh Vs The State Of Bihar and Ors. — Contempt of Court | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3694 of 2012

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==============================================

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Kamal Kumar Singh S/O Late Gopaljee Singh R/O Village - Lal Bihari Ka Tola, P.O. + P.S. Jagdishpur, District - Bhojpur ( Ara )

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.... .... Petitioner/s Versus

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The State Of Bihar

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Dr. Deepak Prasad, Secretary In Minor Water Resources Department, Vikash Bhawan, Bailey Road, Patna

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Mr. Kishori Paswan, Dy. Secretary In Minor Water Resources Department, Vikash Bhawan, Bailey Road, Patna

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Chandra Shekhar Paswa, Chief Engineer, Minor Water Resources Department, Bhagalpur At P.O. + P.S. + District - Bhagalpur

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.... .... Respondent/s

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with

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Civil Writ Jurisdiction Case No.17647 of 2012

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Kamal Kumar Singh Son Of Late Gopaljee Singh Resident Of Village- Lal Bihari Singh Ka Tola, P.O. + Police StationJagdishpur, District- Bhojpur At Ara

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.... .... Petitioners

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Versus

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The State Of Bihar Through Its Principal Secretary To Govt., Minor Water Resource Department, Vikas Bhawan, New

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Patna High Court MJC No.3694 of 2012 (6) dt.26-09-2012

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2 / 3

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Secretariat Building, Bailey Road, Patna 2. The Deputy Secretary To Govt., Vikas Bhawan, New Secretariat Building, Bailey Road, Patna 3. Jageshwar Prasad Son Of Harish Chandra Dev Prasad At Present Posted At Executive Engineer, Minor Water Resources Division, Jhajha, District Jamui .... .... Respondents ============================================== Appearance : (In MJC No.3694 of 2012) For the Petitioner/s : Mr. Vindhyachal Singh, Advocate. Dr. Anshuman, Advocate. For the State : Mr. Gautam Bose Aag-8 Mr. Sanat Kumar Mishra, AC to AAG-8 For the Respondent No.5: Mr. Tuhin Shankar, Advocate. (In CWJC No.17647 of 2012) For the Petitioner/s : Mr. Vindhyachal Singh, Advocate Mr. Mr. Satya Prakash, For the Respondent/s : Mr. D.K. Sinha, AAG-2 Mr. Gautam Bose Aag-8 Mr. Sanat Kumar Mishra, AC to AAG-8 Mr. Tuhin Shankar, Advocate.

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA

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ORAL ORDER

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6 26-09-2012 In view of the highly disputed question of fact relating to joining was on the misrepresentation as the joining was shown from some distant place than that of Jhajha and transfer being contrary to the transfer policy, both the transfer

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Patna High Court MJC No.3694 of 2012 (6) dt.26-09-2012

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3 / 3

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orders i.e. transfer order of the petitioner as well as respondent No.5 are hereby quashed.

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Learned Addl. Advocate General Mr. D.K. Singh and Mr. Gautam Bose very emphatically submitted that the provisions contained in the policy are not statutory and discretionary relying on Supreme Court Judgment in the case of State of Madhya Pradesh & Anr. Vs. Sri S.S. Kourav & Ors. reported in 1995(2) All India Services Law Journal page-109 and also relied in the case of Anant Bihari Jha Vs. State of Bihar & Others. reported in 1989 PLJR 608.

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Thus, it is open for the Government to pass a fresh order in accordance with the policy as well as considering the fact that one of the transferee i.e. petitioner is to retire in March, 2013, in the light of Division Bench judgment dated 23.11.2011 passed in L.P.A. No. 1654 of 2011 of this Court.

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Accordingly, the Contempt Petition and Writ Petition are hereby disposed of.

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(Prakash Chandra Verma, J)

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Mkr./-

Kamal Kumar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kamal Kumar Singh v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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