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1998 DIGILAW 478 (PAT)

Nawal Kishore Prasad Singh v. State of Bihar

1998-07-15

ASOK KUMAR GANGULY

body1998
ORDER : Having heard learned counsel for the parties and also considering the facts and circumstances of the case, this Court is of the opinion that both the writ petition as also I.A. No. 6344 of 1998 can be disposed of by passing the following ORDER : 2. The subject matter of challenge in this writ petition is an ORDER :of transfer of the petitioners as contained in Annexure-1. The petitioners are continuing as Incharge Executive Engineer, Purnea Division and Bhagalpur Division in the Bihar State Agriculture Marketing Board. By the ORDER :they have been transferred to the Headquarters. Initially the challenge was that the impugned ORDER :s were passed by one Smt. Raj Bala Verma on 4.6.1998 and on that day she did not have the authority to act as the Managing Director of the respondent Board. Learned counsel for the petitioners has tried to prove this fact by relying on various documents annexed to the writ petition. Learned counsel for the petitioners submits that Smt. Raj Bala Verma has joined as the District Magistrate, Patna on 6.4.1998. This fact has been disputed by the learned counsel appearing for the respondent Board. Learned counsel for the respondents has submitted that even though Smt. Raj Bala Verma joined as the District Magistrate, Patna on 6.4.1998, she was authorised by the subsequent notification to hold the charge of the Managing Director of the said Board since there was no Managing Director in the said Board at the relevant point of time and the impugned ORDER :was passed when the new Managing Director was to join. The further grievance of the petitioners is that the impugned ORDER :was passed without the consent or without placing the matter before the Establishment Committee of the respondent Board. Now learned counsel for the respondents submits that the new Managing Director has joined and the present Managing Director has full authority to consider the matter afresh. 3. In that view of the matter, this Court directs the new Managing Director of the respondent Board to consider the question of desirability or not of transferring the petitioners. The matter has to be considered afresh by the said Managing Director and a fresh decision will be taken within a period of ten days from today. Since the matter has to be considered afresh, the impugned ORDER :of transfer need not be given effect to. 4. The matter has to be considered afresh by the said Managing Director and a fresh decision will be taken within a period of ten days from today. Since the matter has to be considered afresh, the impugned ORDER :of transfer need not be given effect to. 4. It is made clear that this ORDER :is being passed without creating any precedent. 5. With the above direction/observation, this writ petition as also I.A. No. 6344 of 1998 are disposed of. There will be no ORDER :as to cost.