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2005 DIGILAW 514 (PAT)

Manoj Kumar Rajak v. State Of Bihar

2005-05-11

NAVIN SINHA

body2005
Judgment Navin Sinha, J. 1. By the Court.--Heard learned counsel for the petitioner and the learned counsel for the State. 2. The present writ application was preferred by the petitioner who was transferred as BDO from Sahebganj to Narkatiaganj on the recommendation of the Establishment Committee dated 30.12.2002. The petitioner made a grievance that the respondent No. 4, the BDO at Narkatiaganj who had likewise been posted outside Narkatiaganj, did not hand over charge to the petitioner who however submitted his joining in pursuance of the government instruction in that regard. The respondent No. 4 in the meantime, at me administrative level, pursued issuance of order staying his transfer from Narkatiaganj. Though the allegation of political interference etc. had been made and this Court had issued notices to the Minister concerned and others with regard to such allegation of political interference in what were routine matters for transfer and posting, the petitioners after the stay of transfer of respondent No. 4 was then sought to be transferred from Narkatiaganj to Ghorasahan. 3. This order was again assailed by the petitioner to submit that the respondents had acted in teeth of the order dated 9.4.2003 of this Court which had specifically directed that the functioning of the petitioner at Narkatiaganj shall not be interfered and that Annexure 11 and 16 of the writ application would not be given effect to. Subsequently the petitioner was sought to be transferred to Belchhi. 4. When this matter was taken up for disposal finally, a supplementary counter affidavit was filed on behalf of the respondent No. 2 placing on record a notification dated 2.5.2005 by which the petitioner has been transferred to Narkatiaganj as a BDO. In view of Annexure A to the counter affidavit, the petitioner does not make any further grievance. 5. This Court upon considering the submissions on behalf of the parties considers it proper to dispose off this writ application with the observation that the petitioner, for administrative purposes would be deemed to have been posted to Narkatiaganj on 2.5.2005 in the background of the developments of the case and would remain subject to the administrative control of the official respondents in accordance with their Circulars for transfer and posting with effect from the said date. 6. 6. The next aspect of the matter engaging the attention of the Court would be the claim of the petitioner for salary for the period 28.1.2003 to 20.6.2003. Learned counsel for the State would submit that interim order in favour of the petitioner was passed on 9.4,2003 and he would therefore at best be entitled to consideration for the claim of salary from the said date till 20.6.2003. Learned counsel for the petitioner in this context places reliance on para 4 of the counter affidavit filed by the then District Magistrate of West Champaran which would acknowledge that the petitioner gave his joining on 17.1.2003, took over charge suo motu in the facts and circumstances of the case and also attended the official meetings and performed the official responsibilities. 7. In the facts and circumstances, and given the nature of developments compelling the petitioner to approach this Court and the stand of the respondents as filed by their affidavits as also the interim order dated 9.4.2003 in the present proceeding, this Court would hold that the petitioner would be entitled to his salary for the period 28.1.2003 to 20.6.2003. It is ordered accordingly. Let the respondents pay the same to the petitioner within a period of two months from the date of receipt/production of a copy of this order. 8. It is made clear that this Court has not gone into the allegations and counter allegations of malafides as made out in the writ application. The writ application stands disposed off with the observations and directions as contained hereinabove.