Dismissed

Md. Kamaluddin Ahmad v. The State Of Bihar and Ors.

Patna HC15 May 2013CWJC/9900/2013

Case brief

AI extract

What is this about?

In this writ petition, the High Court declined to interfere with the transfer order of an accounts clerk. The court held that administrative exigencies justified the transfer and directed the petitioner to comply with the order while filing a representation to the competent authority regarding alleged grievances.

What did the court decide?

Petitioner directed to comply with transfer order and file representation to competent authority; application disposed of.

Md. Kamaluddin Ahmad Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9900 of 2013

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====================================================== Md. Kamaluddin Ahmad Son Of Late Sk. Adalat Hussain Resident Of Village + P.O. + P.S.- Phenhara, District- East Champaran. At Present Posted As Accounts Clerk In The Office Of Executive Engineer, Rural Works Department, Works Division, Sikrahna-Dhaka, East Champaran .... .... Petitioner Versus 1. The State Of Bihar Through Chief Secretary, Government Of Bihar 2. The Principal Secretary, Rural Works Department, Government Of Bihar, Patna 3. The Engineer-In-Chief Rural Works Department, Government Of Bihar, Patna 4. The Chief Engineer Iii, Rural Works Department, Government Of Bihar, Patna 5. The Superintending Engineer, Works Circle, Motihari, District- East Champaran 6. The Executive Engineer, Rural Works Department, Work Division, Dhaka- Sikrahna, District- East Champaran 7. The Under Secretary, Rural Works Department, Government Of Bihar, Patna

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.... .... Respondents

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====================================================== Appearance For the Petitioner : Mr. Rajesh Kumar Singh, Advocate Mr. Arvind Kumar Sharma, Advocate Mr. Shiw Kumar Prabhakar, Advocate For the Respondents : Mr. S.K. Sharma (G.A.-3)

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 15-05-2013 Heard learned counsel for the parties in respect of the

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following relief prayed in this writ application:-

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"(i) For quashing the office order vide letter no. 1372 Patna dated 11.04.13 as contained in Annexure-5 by which Sri Ramji Choudhary, Chief Engineer 3, Rural Works Department, Government of Bihar, Patna directed to Superintending Engineer, Rural Works Department, Works Circle, Motihari to transfer the petitioner in another Division within 3 days and to that effect approval be obtained by undersigned.

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Patna High Court CWJC No.9900 of 2013 (2) dt.15-05-2013

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(ii) Also for quashing the office order vide letter no. 280 dated 25.04.13 issued by Superintending Engineer Works Circle, Motihari as contained in Annexure-6 by which the petitioner has been transferred from Rural Works Department, Works Division Dhaka to Works Division Raxaul in compliance of the order issued by Chief Engineer III Rural Works Department as contained in Annexure-5.

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(iii) Also for directing the respondents to not give an effect of the order as contained in Annexure-5 and 6 in any manner against the petitioner.

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(iv) Also for directing the respondents to allow the petitioner to work as Accounts Clerk in the office of Executive Engineer Rural Works Division Sikrahna-Dhaka."

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Having regard to the materials on record this Court is not inclined to interfere with the order of transfer of the petitioner inasmuch it is found from their bare perusal that the administrative exigencies have been examined by the authorities before passing of such order of transfer.

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The grievance of the petitioner as with regard to denial of payment of his salary at the transferred place or his being subjected to work under his junior or that he is going to superannuate within a year or so, are all matters which has to be looked into and decided by the competent authority. For all these reasons the petitioner may therefore file his representation to the

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Patna High Court CWJC No.9900 of 2013 (2) dt.15-05-2013

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competent authority but before doing so, he must comply the order of his transfer.

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Thus if the petitioner complies the order of transfer and finds any difficulty in his functioning at the transferred place including those noticed above, he may bring them to the notice of either the Chief Engineer under whose direction transfer order has been issued or to the Principal Secretary of the Public Health Engineering Department who is superior officer of the Chief

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Engineer.

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It goes without saying that if the petitioner files a representation after joining at the transferred place an appropriate decision on such representation by the competent authority, namely, Principal Secretary of Public Health Engineering Department/ Chief Engineer, P.H.E.D. shall be taken within a period of three months from the date of filing of the representation by the petitioner.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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surendra/-

Md. Kamaluddin Ahmad v. The State Of Bihar and Ors.

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Md. Kamaluddin Ahmad v. The State Of Bihar and Ors.

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