Petitioner challenged a transfer order alleging frequent transfers. Court held transfer was necessitated by public policy to avoid posting in home district. Writ petition dismissed.
Petitioner's writ petition was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3529 of 2015
=========================================================== 1. Chandra Shekhar Jha Son of Late Jadeo Jha Resident of village-Laharnia, P.S. - Triveniganj, District- Supaul.
.... .... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar , patna 2. The Principal Secretary, Food and Consumer Protection Department , Government of Bihar.
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Sanjeet Kumar For the Respondent/s : Mr. SC32-R.K.Priyadarshi
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 10-03-2015
Grievance of the petitioner is that it is a case of frequent transfer. Within six months of his earlier posting, he has been relieved and posted to another place.
From a reading of Annexure- 1, it is evident that the petitioner has been posted in his home district and that was the reason why a change had to be effected despite the previous order of transfer. The above fact being not seriously contested or denied, the impugned order contained in Annexure- 1 relating to transfer of the petitioner is not required to be interfered with. It is not a case of
Patna High Court CWJC No.3529 of 2015 dt.10-03-2015
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frequent transfer. It is a case of transfer necessitated out of public
policy not to post a person in his home district.
Writ is dismissed.
(Ajay Kumar Tripathi, J)
sk U
1 issue framed by the court
Whether the petitioner's transfer from his home district constitutes frequent transfer warranting relief under Article 226.
Chandra Shekhar Jha
The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
