IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.249 of 2008
TARUN NISHCHAL
Versus
THE STATE OF BIHAR & ORS
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For the Appellant : Mr. Awadhesh Kr. Singh, Adv.
For the Respondents : A.A.G.-3
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PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal
———–
Dated, the 2nd July, 2008.
After having heard the counsel for the appellant, we are
satisfied that the impugned order does not call for any interference.
2. The counsel does not dispute that the appellant has
been transferred in the same district.
3. It is well settled that transfer is not a condition of
service but its incident. An order of transfer is not amenable to
judicial review, except where such order has been passed in violation
of statutory provisions or is actuated with ulterior motive. None of the
grounds has been made out in the present case.
4. In the circumstances, dismissal of writ petition by
the Single Judge cannot be faulted.
5. L.P.A. is dismissed in limine.
6. Since the appeal has been dismissed in limine, stay
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petition does not survive and stands dismissed accordingly.
R. M. Lodha, CJ
Kishore K. Mandal, J
Pawan/-