Judgment Dharampal Sinha, J. 1. Heard learned Counsel for the appellant as also learned Counsel for the respondent-State. 2. In this letters patent appeal an order dated 22.11.1996 passed by the Hon ble Single Judge in C.W.J.C. No. 3822 of 1996(R) has been assailed. 3. The appellant had filed that writ petition for quashing of the order of his transfer vide memo No. 5382 vide p-1 dated 7.11.1996 and order No. 396 contained in Memo No. 2321 dated 9.11.1996 (Annexures 1 and I/A to the writ petition) and the main ground taken by petitioner was that since he was posted the Police Training College for about four years, he was entitled under the provisions of Rule 778(iv) of the Bihar Police Manual, 1978 to get a place of choice posting, where he was entitled to stay under the rule for at least three years, but. his transfer was done before the expiry of the exit period. 4. Learned Single Judge in the impugned order has observed that a representation could be filed, which could be disposed of by the respondent No. 2 and if any mistake is found the transfer order can be modified. 5. The contention of the learned Counsel for the appellant is that since the Rule 778(iv) of the Bihar Police Manual is having statutory force and is of legislative character and was framed under the proviso to Article 309 of the, Constitution of India, there was no scope for any consideration of representation and the rule rnandatorily required that the appellant, who had got his place of choice posting after being posted at the Police Training College for more than three years would be entitled to continue in at the same place for three years. 6. We have perused the provision of the Bihar Police Manual and we are inclined to accept the contention of the learned Counsel for the appellant. The appellant, in view of the requirement of the aforesaid provision of the Bihar Police Manual, has to be allowed to continue for the present place of posting for at least three years from the date of completion of his training. 7. The appellant, in view of the requirement of the aforesaid provision of the Bihar Police Manual, has to be allowed to continue for the present place of posting for at least three years from the date of completion of his training. 7. So, we set aside the impugned order passed in C.W.J.C. No, 23822 of 1996(R) and quash Annexures 1 and I/A as contained in Memo No. 5383/p-l dated 7.11.1996 and Memo No. 2321 dated 9.11.1996 transferring the appellant before the expiry of the period of three years and direct that he would be allowed to be there for at least three years, completed from the date of his joining. 8. This letters patent appeal is, accordingly, allowed.