This oral order by the Patna High Court disposed of a writ petition challenging a transfer order. The court held the petition was unadjudicable as the transfer had already been stayed by the Zila Parishad, and no challenge existed against that stay.
The writ petition stands disposed of as the impugned transfer order was already stayed and unchallenged.
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.2244 of 2020
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Anil Kumar son of Late Dinkar Dayal Singh Resident of Vill- Chak Bairia, PO- Bairia, PS- Gopalpur, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Adv. For the Respondent/s : Mr.Kameshwar Prasad Gupta (Gp10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 12-03-2021
The present writ petition has been filed for quashing
the order of transfer dated 02.12.2019 issued by the respondent No. 5 i.e. the Deputy Development Commissioner cum Chief Executive Officer, District Board, Patna whereby and where-under the services of the petitioner has been transferred from Patna District to Dak Bunglow, Bakhtiyarpur.
At the outset, the learned counsel for the petitioner submits that the said transfer order dated 02.12.2019 has already been stayed by the Chairman of the Zila Parishad, Patna by her order dated 17.12.2019.
The learned counsel appearing for the Zila Parishad,
Patna High Court CWJC No.2244 of 2020(5) dt.12-03-2021 2/2
Patna has not controverted the factum of the said transfer order dated 02.12.2019 having been stayed by the Chairman, Zila Parishad, Patna. It has also not been pointed out that the said stay order dated 17.12.2019 has been challenged before any court of law.
In such view of the matter, nothing survives for adjudication in the present case, hence the present writ petition stands disposed of in view of the aforesaid stay order dated 17.12.2019.
(Mohit Kumar Shah, J)
Tiwary/-
U
Anil Kumar
The State of Bihar through Deputy Secretary, Government of Bihar, Patna
The Principal Secretary, Panchayati Raj Department, Bihar, Patna
The Special Executive Officer, Panchayati Raj Department, Patna
The Chairman, District Board, Patna
The Deputy Development Commissioner cum Chief Executive Officer, District Board, Patna
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
