Dismissed

Santosh Kumar Mishra v. The State of Bihar through the Chief Secretary

Patna HC14 Aug 2024CWJC/11893/2024

Case brief

AI extract

What is this about?

The High Court of Patna, in a writ petition styled as a PIL challenging transfer of officers without impleading them, observed it was an abuse of process and allowed withdrawal with caution against future similar filings before dismissing the petition.

What did the court decide?

Permission granted to withdraw the writ petition subject to caution against future similar petitions.

Santosh Kumar Mishra Vs The State of Bihar through the… — Service and Employment | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11893 of 2024

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Santosh Kumar Mishra, Son of Surendranath Mishra, R/o- R.N. Dutta Road, Farbesganj, P.S.- Farbesganj, District- Araria.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Cabinet Secretariat Department, Government of Bihar, Patna.

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The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

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The Director, Municipal Administration, Urban Development and Housing Department, Government of Bihar, Patna.

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The Under Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Ashok Kumar, Advocate Mr. Bibhuti Narayan, Advocate For the Respondent/s : Mr. Vikas Kumar, AC to AG ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 14-08-2024

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The writ petition is filed by a person who claims to be

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a social worker to quash the orders of transfer of the officers of the Urban Local Bodies, alleged to be in complete violation of Government instructions.

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The writ petition is filed as a Public Interest Litigation; when the Hon’ble Supreme Court has time and again cautioned such misconceived writ petitions styled as Public Interest Litigation’s interfering with the service of persons in Government employment.

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Patna High Court CWJC No.11893 of 2024(2) dt.14-08-2024 2/2

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Transfer is an incidence of service, and if anybody is aggrieved, they have a right to move this Court challenging their individual transfers.

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Further, it is to be noticed that none of the persons who have been transferred are impleaded in the writ petition. We find the writ petition to be a clear abuse of process of Court.

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On our expressing our mind, the learned Counsel for the petitioner sought permission to withdraw the writ petition. We allow it, only after cautioning the petitioner from initiating similar petitions in future, which would be dealt with seriously by this Court.

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The writ petition stands dismissed as withdrawn.

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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P.K.P./-

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Santosh Kumar Mishra v. The State of Bihar through the Chief Secretary

Case brief

What is this about?

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Santosh Kumar Mishra v. The State of Bihar through the Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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