Disposed¶¶33

Abhishek Kumar v. The State of Bihar

Service law – Transfer/Deputation

Patna HC21 Apr 2026CWJC/8300/2025

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Case brief

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What is this about?

Abhishek Kumar v. State of Bihar & ors.; Patna High Court CWJC No.8300 of 2025 (decided 21-04-2026); single judge Dr. Anshuman; challenge by Office Attendant to deputation from Circle Office, Kanti to District Confidential Section, Muzaffarpur (Memo No.569 dt.01.04.2025) and release order (Memo No.867 dt.03.04.2025); no merits adjudicated; liberty granted to file representation (30 days) with authority to dispose per law (90 days); transfer as incidence of service; disposed of.

What did the court decide?

No quashing of the impugned deputation/release orders; writ petition disposed of with liberty to the petitioner to file a representation before the competent authority within 30 days, to be considered and disposed of in accordance with law within 90 days thereafter. ¶¶33

Abhishek Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the deputation order (Memo No.569 dated 01.04.2025) moving the petitioner from Circle Office, Kanti to the District Confidential Section, Muzaffarpur and the companion release office order (Memo No.867 dated 03.04.2025) should be set aside/quashed as taken in haste without exigency, reasons or consideration of the petitioner's difficulty. +1 more

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Court's answer

Without entering into the merits and demerits, the Court granted the petitioner liberty to file a representation before the competent authority within 30 days, if so advised; in the event such a representation is filed, the concerned authority shall consider and dispose of the same in accordance with law within a period of 90 days thereafter.

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Key takeaways

The Court expressly clarified that it had expressed no opinion on the merits of the case, since transfer is an incident of service primarily within the domain of the employer; however, any grievance raised by the petitioner may be considered sympathetically by the authority, in accordance with law.obiter¶¶32

Detailed headnote1 paragraphs

Service law — Transfer/Deputation — Patna High Court, CWJC No.8300 of 2025, decided 21-04-2026 by Dr. Anshuman, J. Petitioner Abhishek Kumar, Office Attendant at Circle Office, Kanti, Muzaffarpur, challenged (a) his deputation to the District Confidential Section, Muzaffarpur by order in Memo No.569 dated 01.04.2025 (Annexure-P/4) issued by the Deputy Collector (Establishment), Muzaffarpur, and (b) the release office order in Memo No.867 dated 03.04.2025 (Annexure-P/5) issued by the Circle Officer, Kanti, alleging the transfer was made in haste without exigency, reasons, or consideration of his difficulty, and with no adverse entries against him. The State defended the order as an administrative decision based on exigencies. Without entering into the merits, the Court disposed of the writ petition granting liberty to the petitioner to file a representation before the competent authority within 30 days, to be considered and disposed of in accordance with law within 90 days thereafter, clarifying that transfer is an incidence of service primarily within the employer's domain and that any grievance raised may be considered sympathetically.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8300 of 2025

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Abhishek Kumar son of Late Ajay Prasad, Resident of Village Laskaripur, Post Kalwari, P.S. Kanti, District - Muzaffarpur 843108.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the District Magistrate, Muzaffarpur.

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District Magistrate, Muzaffarpur

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Additional Collector, Muzaffarpur

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Special Officer on duty, District Confidential Section, Muzaffarpur

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Deputy Collector (Establishment), Muzaffarpur

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Subdivisional Officer (West) Muzaffarpur.

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Circle Officer, Circle Office Kanti, Muzaffarpur

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Praveen Kumar, Advocate For the Respondent/s : Mr.Addl. Advocate General (09)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

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Date : 21-04-2026

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Heard learned counsel appearing for the petitioner and

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learned counsel appearing for the State.

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The petitioner has filed the present writ petition with

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the following relief/s :-

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“(i) For setting aside the Order contained in Memo No.569 dated 01.04.2025 (Annexure-P/4) issued under the seal and signature of the Deputy Collector (Establishment), Muzaffarpur whereby the Petitioner has been put on deputation to the District Confidential Section, Muzaffarpur from Circle Office, Kanti where he was working as Office Attendant and also for quashing the Office Order contained in Memo No.867 dated 03.04.2025 (AnnexureP/5) issued by the Circle Officer.

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Patna High Court CWJC No.8300 of 2025 dt.21-04-2026

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Kantiwhereby the Petitioner has been released from the Circle Office, in haste, without considering the difficulty of the Petitioner and without assigning reasons and requirement for such deputation.

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(ii) For direction upon the Respondent to consider the case of the Petitioner sympathetically under the facts and circumstances of the case mentioned herein. below, more so, where there was no exigency for such deputation of the Petitioner to the District Confidential Section, Muzaffarpur from Circle Office, Kanti where the Petitioner was discharging his duty to the satisfaction of one and all and there is / was no adverse entry against the Petitioner.”

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Learned counsel appearing for the State submits that a counter affidavit has been filed. It is further submitted that the impugned transfer order is an administrative decision taken by the respondent authorities on account of administrative exigencies.

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This Court, without entering into the merits and demerits of the case, grants liberty to the petitioner to file a representation before the competent authority within a period of 30 days from today, if so advised. In the event such a representation is filed, the concerned authority shall consider and dispose of the same, in accordance with law, within a period of 90 days thereafter.

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Patna High Court CWJC No.8300 of 2025 dt.21-04-2026 3/3

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It is made clear that this Court has not expressed any opinion on the merits of the case, as transfer is an incidence of service and primarily within the domain of the employer. However, if the petitioner raises any grievance, it shall be open to the authority to consider the same sympathetically, in accordance with law.

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With the aforesaid observations and directions, the present writ petition stands disposed of.

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(Dr. Anshuman, J)

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Ashwini/-

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AFR/NAFR
CAV DATE	NA
Uploading Date	21.04.2026
Transmission Date	NA

Abhishek Kumar v. The State of Bihar

Case brief

What is this about?

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Abhishek Kumar v. The State of Bihar

Case brief

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