ORDER Heard the counsel for the petitioner, State and the counsel appearing on behalf of 6th Respondent. The petitioner and 6th Respondent both are Panchayat Sewak. In the present case, the petitioner has been transferred, vide Memo No. 298 dated 16th May, 2000 issued by the B.D.O., Deoghar. By the same very order, the 6th Respondent has been placed in place of the petitioner as Panchayat Sewak by way of additional charge. The sole question raised in the present case is that the B.D.O. has no jurisdiction to transfer a Panchayat Sewak, the State of Bihar being the appointing authority and the control being that of the Deputy Commissioner/Collector. The Respondents in their counter affidavit while enclosed one or other order to show that earlier such orders of transfers were issued by the B.D.O., referred a letter dated 6th August, 1993, wherein the Deputy Commissioner, Deoghar was asked by the B.D.O. to transfer Panchayat Sewak from his level on completion of two years of period. In the present case, the impugned order dated 16th May, 2000 has not been passed on the ground that the petitioner has completed two years in the place. This apart, I find that no such power is vested with the B.D.O. for transfer from one post to another post. The power being not vested on the B.D.O. under the Act. The Deputy Commissioner, Deoghar would not have asked the B.D.O. Deoghar to pass such orders of transfer. For the reasons aforesaid, I set aside the impugned order dated 16th May, 2000 with liberty to the competent authority to pass any order, in accordance with law. The writ petition is allowed with the aforesaid observations.