High Court Jharkhand High Court

Surya Lal Thakur vs State Of Jharkhand & Ors on 16 July, 2009

Jharkhand High Court
Surya Lal Thakur vs State Of Jharkhand & Ors on 16 July, 2009
      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(S) No. 1261 of 2008
      Saryu Lal Thakur                     ...    Petitioner
                                 Versus
      State of Jharkhand & Ors.            ...    Respondents
                                 ---------
      CORAM:       HON'BLE MR. JUSTICE D.N.PATEL
                                 ---------
      For the Petitioner: Mr. Chandra Shekhar Prasad,Advocate
      For the State:      J.C. to A.G.
                                 ---------
                      th
      02/ Dated: 16 July, 2009

1. When the matter is called out, learned counsel appearing on
behalf of the petitioner is absent.

2. I have heard counsel appearing for the respondents, who has
submitted that the present petition is pertaining to transfer. The
petitioner has been transferred vide order dated 4th of January,
2008, which is Annexure 1 to the memo of the petition, whereby,
the petitioner has been transferred from District-Dhanbad to
District-Dumka. Petitioner was working as Surgent Major.

3. It is submitted by the learned counsel for the respondents
that the decision of transfer of the petitioner is an administrative
decision and, therefore, this Court may not interfere with the order
of transfer of the present petitioner. It is further submitted that the
the decision has been taken by high ranking officer of the
respondent-State.

4. Having heard the learned counsel for the respondents and
looking to the order of transfer, at Annexure 1 to the memo of
petition, it appears that the petitioner has been transferred from
District-Dhanbad to District-Dumka vide order dated 4th January,
2008. Petitioner was working as Surgent Major with the
respondent-State. Looking to the order of transfer, it appears that
for administrative reasons, the petitioner has been transferred.
There is no punitive transfer, looking to the order at Annexure 1 to
the memo of petition. Even otherwise also, the order is dated 4th
January, 2008 and as on today, a period of eighteen months have
passed.

5. In view of the aforesaid facts, I am not inclined to grant any
relief to the petitioner, as prayed for in the memo of petition. There
being no substance, this writ petition is hereby dismissed.

(D.N. Patel, J)

A.K.Verma/Anit