Petitioner challenged his transfer from District Social Security Cell to Circle Office Belsand. The court noted the employee had already joined the new post intra-district. Petitioner was directed to consider the grievance.
Directing the Collector, Sitamarhi to consider the petitioner's grievance and dispose of the same within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11861 of 2017
=========================================================== Sitaram Paswan, Son of Late Shiv Nandan Paswan, Upper Divisional Clerk, District- Samajik Suraksha Koshang, Sitamarhi, Resident of Village + P.O.Mehsaul @ Rampur, Lakshman, Ward No. 10, P.S.- Dumra, District- Sitamarhi, Pin Code- 843302.
.... .... Petitioner Versus
.... .... Respondents =========================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar, Adv.
Mr. Virendra Kumar, Adv. For the Respondent/s : Mr. Shailendra Kumar, AC to GP5
===========================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 11-01-2018
Heard Mr. Alok Kumar, learned counsel for the petitioner and Mr. Shailendra Kumar, learned AC to GP-5, for the State.
The petitioner is aggrieved by the transfer order bearing Memo No. 36 dated 30.6.2017 passed by the Collector, Sitamarhi, whereby the petitioner has been transferred from District Social Security Cell, Sitamarhi to the Circle Office, Belsand with his name appearing at serial no.3 of the transfer order.
Mr. Alok Kumar, learned counsel for the petitioner, in reference to the reasons for transfer as is mentioned in the order submits that it is on a premise that the petitioner completed three
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years of stay that he has been transferred even when the petitioner had been posted to the District Social Security Cell, Sitamarhi merely a year ago vide order bearing Memo No. 656 dated 30.6.2016, a copy of which is enclosed at Annexure 1 to the writ petition with the name of the petitioner appearing at serial no.86. He thus submits that it is apparently due to oversight that the petitioner has been transferred out.
It is taking note of these circumstances that the respondents were directed to file counter affidavit vide order passed on 7.9.2017 and when it is explained at paragraph 6 of the counter affidavit that since the petitioner is amongst senior Clerks in the district and most of the senior Clerks have superannuated in the meantime that it was decided to post senior Clerks where it was needed and it is in this connection that the petitioner has been posted at the Circle Office, Belsand. Although the reasons assigned in the counter affidavit do not support the reasons which finds mentioned in the order of transfer present at Annexure 2 but it is informed that following the transfer order passed on 30.6.2017 the petitioner has been relieved from his position at the District Social Security Cell, Sitamarhi on 15.7.2017 and has already given his joining at Circle Office, Belsand, Sitamarhi albeit under protest, as stated by Mr. Alok Kumar.
Considering that the petitioner has been relieved on
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15.7.2017 and whereafter he has given his joining at Circle Office at Belsand which is an intra district transfer, I am not persuaded to interfere with the same even though the reasons assigned in the counter affidavit do not support the reasons for transfer. However, in the circumstances, I deem it proper to direct the Collector, Sitamarhi to consider the grievance raised by the petitioner at Annexure 4 to the writ petition as well as in the circumstances discussed hereinabove and dispose of the same within a period of six weeks from the date of receipt/ production of a copy of this order.
The writ petition is disposed of.
(Jyoti Saran, J)
Surendra/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 30.01.2018 |
| Transmission Date |
NA |
1 issue framed by the court
Whether the court should interfere with the intra-district transfer order of an employee who has joined the new posting under protest.
1 provisions across 1 enactments
Sitaram Paswan
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
