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2002 DIGILAW 1449 (PAT)

Shashi Kumar Gupta v. State Of Bihar

2002-12-20

R.N.PRASAD, RAVI S.DHAVAN

body2002
Judgment 1. The petitioner-appellant is a State doctor. He filed a writ petition resisting his transfer. This is CWJC No. 7481 of 2002. The learned judge by his order dated 24 July 2002 declined to interfere. 2. The petitioner-appellant acknowledges that the order of transfer is a general transfer order issued on 29 June 2002 (Annexure-2). The order of transfer which has been indicated to the petitioner-appellant is neither mala fide nor spiteful. The fact that the petitioner-appellant may not have received his salary as of date, it is more than 10 months since the order of transfer was passed, is a situation of his own making. Learned judge has committed no error in not granting any reliefs to the petitioner-appellant. 3. This court has hesitation in recording that if the petitioner-appellant does not join his duties at the place where he is being transferred, this may be taken as a circumstance on record as subversive to discipline in service. Further a comment needs to be recorded that the petitioner-appellant deliberately filed this letters patent appeal belatedly as if to portray a circumstance that a matter may be subjudice on a belated appeal. 4. Dismissed.