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2003 DIGILAW 417 (PAT)

Bihar Rajya Krishi Karmachari Sangh v. State Of Bihar

2003-04-10

NARAYAN ROY

body2003
Judgment Narayan Roy, J. 1. Heard Counsel for the parties. 2. The only grievance of the writ petitioner is that the persons mentioned in Annexures 1 and 2 are under the control of the Joint Director, Agriculture, Patna Division, Patna, respondent No. 3, but they have been sent on deputation by order, as contained in Annexures 1 and 2, by the District Magistrate, Bhojpur, respondent No. 5. 3. Learned Counsel appearing on behalf of the petitioner submitted that the District Magistrate has no jurisdiction to transfer or depute the employees of the Agriculture Department, and, therefore, the orders, as contained in Annexures 1 and 2, are wholly without jurisdiction. 4. A counter-affidavit has been filed on behalf of the respondents stating therein that no sooner the matter was brought to the notice of the Director, Agriculture, Government of Bihar, Patna, a communication was made by the Director, Agriculture, Government of Bihar, to the District Magistrate, Bhojpur, to cancel the order of deputation, as contained in Annexures and 1 and 2. The communication made by the Director Agriculture, has been marked as Annexure-A to the counter-affidavit. 5. In view of Annexure-A, the orders, as contained in Annexures 1 and 2, are not sustainable so long the same have not been cancelled by the District Magistrate, Bhojpur. 6. In the result, this application is allowed and the orders impugned, as contained in Annexures-1 and 2, are set aside. 7. No order as to cost.