IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7203 of 2011
Indradeo Rai, son of late Ramawtar Rai, resident of Village -
Phulparasi, P.O. Singrahaiya, P S - Sahiyara, District - Sitamarhi,
Prabhari Pracharya (Principal Incharge), Mukhiya - Sarpanch Training
Institute, Darbhanga
Versus
1. The State of Bihar.
2. The Principal Secretary, Panchayati Raj Department, Govt. of
Bihar, Patna.
3. The Special Work Officer, Panchayati Raj Department,
Government of Bihar, Patna.
4. The District Panchayat Raj Padadhikari, District Panchayat Office,
Darbhanga.
5. Sri Murari Prasad Srivastava, Lecturer, Mukhiya - Sarpanch
Training Institute, Darbhanga, authorized to execute all works of
Mukhiya -Sarpanch Training Institute, Darbhanga.
6. Dy. Secretary, Panchayati Raj Vibhag, Bihar, Patna.
7. The Dy. Director, Panchayati Raj, Darbhanga Division, Darbhanga.
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For the petitioner : M/S. Narayan Singh, Sr. Advocate and Birendra
Kumar Singh.
For the State : Mr. Anant Kumar Bhasker, AC to SC 2.
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02. 20.7.2011 It is not that the circumstance for effecting transfer
of the petitioner does not exist. The Court would not like to
extensively record the materials which have been brought in
the counter affidavit on the issue, lest it may have a reflection
on any proceeding against the petitioner or cause prejudice
when the matter is dealt with independently.
Even prima facie, if what has been alleged or the
circumstances under which transfer had to be effected is true,
this Court is with the administration that permitting the
petitioner to continue on the post will surely create impediment
on a free and fair proceeding which is required to be held in the
matter.
The contention of the learned senior counsel
2
representing the petitioner that this order of transfer is a
punishment is not meted out in this case because the law does
not state that every transfer will have to be treated as a
punishment even if an employee in question is on a rampage.
There is no merit in the writ application. It is
dismissed.
If the petitioner reports to the transferred station and
joins within two weeks from today, the authorities will ensure
that the petitioner starts drawing his salary on the transferred
post in accordance with law.
rkp ( Ajay Kumar Tripathi, J.)