IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.18627 of 2010
SAKET BIHARI .
Versus
THE STATE OF BIHAR & ORS .
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02. 23.11.2010 Heard learned counsel for the petitioner and
the State.
It is submitted that the petitioner was
posted on deputation as Block Development Officer at
Nawkothi at Begusari by order dated 3.4.2010. The
posting order stated that it was maximum for a period
of three years or till a regular posting was made,
whichever was earlier. The petitioner has been
transferred merely five months later on 3.9.2010 with
directions to report at the Headquarters. The allegation
is that this was done to favour private respondent
no.6, who in any event was not given a substantive
regular posting in accordance with petitioner’s
condition of appointment dated 3.4.2010. He has also
been brought in on deputation.
Learned counsel for the State submitted that
the petitioner has already represented and it may be
directed to be disposed off in accordance with law.
If the petitioner was posted on specified
terms and conditions, if the terms and conditions are
to be varied during its subsistence, there has to be
administrative and legal justification for the same.
2
Presently this Court does not find any such reasoning
in the order dated 20.11.2010 directing the petitioner
to report at the Headquarters.
Let his representation be considered on all
its aspects of fact and law and disposed by a reasoned
and speaking order preferably within a maximum
period of four weeks from the date of
receipt/production of a copy of this order.
The petitioner shall be at liberty to seek
appropriate relief before the authorities for the
intervening period of four weeks.
The application stands disposed.
P.K. ( Navin Sinha, J.)