ORDER
S.J. Mukhopadhya, J.
1. This writ petition was preferred by the petitioner against the order of transfer dated 28th October, 2000 alleging mala fide against the 5th respondent, Bihari Lal Mandal, Assistant Commissioner of Excise, Singhbhum East. The order of transfer was stayed by this Court on 8th November, 2000 and the matter remained pending.
2. During the pendency of the writ petition, new State of Jharkhand created in pursuance of Re-organisation of State Act, 2000 and the district (of Madhepura) where the petitioner was transferred now falls under the State of Bihar.
3. The counsel for the State rightly pointed out that the order of transfer was issued prior to Re-organisation of State (15th November, 2000), when it was well within the jurisdiction of the Excise Commissioner, Government of Bihar, Patna.
4. So far as mala fide, as alleged is concerned, nothing specific pleaded by petitioner or evidence, brought on record, to bring home the charges. Thus, the plea of mala fide against the 5th respondent in the matter of
issuance of impugned order of transfer cannot be accepted.
5. Admittedly, the petitioner has not Joined the transferred post in view of order of stay passed by this Court on 8th November. 2000 though he is stated to have relieved on 30th October, 2000. The only question now arises as to where the petitioner is to report and join if the order of transfer is upheld, in view of Re-organisation of the State, whereinafter the district of Madhepura remained with the State of Bihar.
6. Admittedly, after Re-organisation of the State, the cadre, including the cadre of Excise Department’s officials to be bifurcated and such bifurcation of cadre has not yet been made.
7. One or other officer, including the petitioner may be placed in one or other cadre of State of Jharkhand.
8. Having regard to the facts and circumstances, while this Court Is not inclined to interfere with the order of transfer, direct the respondents to accommodate the petitioner for the present against any post within the State of Jharkhand till final decision is taken relating to placement of service of petitioner on bifurcation of cadre.
9. The petitioner will produce a copy of this order before the Excise Commissioner-cum-Secretary, State of Jharkhand, Ranchi who will pass appropriate order relating to posting of petitioner within fifteen days, so that the petitioner may draw his salary, including the arrears within six weeks from the date of such posting.
10. The writ petition stands disposed.
11. Petition disposed of.