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1997 DIGILAW 321 (PAT)

Brijendra Kumar Yadav v. State Of Bihar

1997-04-23

S.N.JHA

body1997
Judgment S. N. Jha, J. 1. The dispute in this writ petition relates to transfer and posting. The disputants are petitioner brijendra Kumar Yadav and respondent no.7 Kapildeo Prasad Yadav. They are lying for the post of Junior Engineer, section 4, Subdivision No.2, New Capital Division at Patna of the Road Construction Department. As many as seven orders have been passed in a span of little over one and a half years. Those orders may be mentioned at one place as follows:- (i) 30-6-95 - Respondent No.7 was transferred to the post in question from kumhrar Section of the New Capital division. (ii) 30-12-95 - The petitioner was transferred to the post in question. Respondent No.7 was transferred to advance Planning Wing, Patna. (iii) 10-1-96 - Chief Engineer (Transport) South Bihar, stayed the order dated 30-12-95. (iv) 11-12-96 - Engineer-in-Chief cancelled the order of the Chief Engineer dated 10-1-96. The previous order dated 30-12-95 was revived. (v) 28-1-97 - Engineer-in Chief cancelled his own order dated 11-12-96. (vi) 26-2-97 - The State Government cancelled the order of the Engineer-in-chief dated 28-1-97. His previous order dated 11-12-96 was revived. As a result, the petitioner was allowed to continue on the post in question. (vii) 2-4-97 - The State Government cancelled its order dated 26-2-97 as a result respondent No.7 was allowed to continue on the post in question. 2. While the first two orders dated 30-6-95 and 30-12-95 were issued pursuant to the decision of the Establishment Committee, the last two dates 26-2-97 and 2-4-97 were issued pursuant to Government orders (Sarkar ke aadeshanusar ). It appears as if everybody has been playing same kind of game of transfer and posting. 3. This is not the only case of its kind. In a numerable cases contradictory orders are passed to suit the particular officer (s ). It not only shows the weakness of the government and the officials responsible for making transfer/posting - who too readily play into the hands of the self-seeking officers and employees. It also indicates the low side priorities of the Government. Roads in Bihar are in worst shape. But the whole matter in the department have different perceptions. This is, if I may say so, one of the reasons why the State is lacking behind in development. 4. It also indicates the low side priorities of the Government. Roads in Bihar are in worst shape. But the whole matter in the department have different perceptions. This is, if I may say so, one of the reasons why the State is lacking behind in development. 4. The State Government has taken policy decision and issued circulars laying down the guidelines for making transfers and postings of its officers and employees. It is expected that the Government and other competent authorities would follow the guidelines. Unfortunately, more often than not, transfers/postings are made for extraneous considerations which give rise to a sense of frustration. The State is not in dearth of competent officers and employees. It is only a question of posting the right person for the right job, only then they can put in their best and maximum utilisation of talents can be made. 5. Ail said and done, this Court cannot decide who will be posted where. That is to be decided by the Executive. The scope of interference in writ jurisdiction is quite limited. Only where there is violation of statutory rules or on grounds of proved mala fide or where transfer/posting is grossly arbitrary, High Court can interfere. Even if this Court were to interfere in the present case, it can only issue a direction to the respondents to consider the matter and issue fresh order of transfer and posting. But, as noticed above, the state Government itself has passed two contradictory orders within a span of five weeks. It stands beyond reason as to how this could happen. In the facts and circumstances, I am of the opinion that the transfer and posting of petitioner and respondent No.7 be decided by no less a person than the Chief Minister. Such an order would give him an opportunity to see how things are happening in the Road Construction Department. Since both the petitioner and respondent No.7 have obviously been utilising their extra-official contacts in obtaining favourable orders for them bringing disrepute to the Government, I am of the view that neither of them should be posted in or around Patna, much less on the post in question. Since both the petitioner and respondent No.7 have obviously been utilising their extra-official contacts in obtaining favourable orders for them bringing disrepute to the Government, I am of the view that neither of them should be posted in or around Patna, much less on the post in question. An appropriate decision in the matter should be taken by the Chief Minister as early as possible and preferably within a period of four weeks from the date of receipt of a copy of this order by his Principal secretary. 6. This writ petition is disposed of accordingly. Let a copy of this order be sent to Principal Secretary to Chief Minister, order Accordingly.