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2007 DIGILAW 1515 (PAT)

Nand Kishore Prasad Singly v. State Of Bihar

2007-09-17

MRIDULA MISHRA

body2007
Judgment 1. Heard counsel for the petitioner and the State. 2. IA.No. 5188 of 2007 has been filed by one Sujay Kumar for being impleaded as respondent in this case. He has challenged the order of transfer of the petitioner as contained in letter no. 750(4) dated 28.6.2007 (Annexure-A), passed by the Principal, Nalanda Medical College, Patna. This order was passed, prior to the impugned order under challenge and by this order petitioner was deputed at Nalanda Medical College. 3. If the intervenor is aggrieved by this order, he should file another writ application challenging the order. He cannot be allowed to intervene in the present application in which the petitioner has challenged the order cancelling his transfer order. Accordingly I.A. No. 5188 of 2007 is rejected. 4. The impugned order which has been challenged by the petitioner is dated 16.7.2007 contained in Memo No. 813(4). By this order the Director-in-Chief Health Services, Bihar, Patna has cancelled the transfer order relating to petitioner and five others out of total 61 persons who were transferred at different places. Petitioner has stated that the order is completely arbitrary as no reasons has been assigned for cancelling the order of transfer of the petitioner. 5. By order dated 19.6.2007 61 persons were transferred in which the petitioners name was also there. He has been transferred from Primary Health Centre, Rahika Madhubani to Nalanda Medical College, Patna on the post of Health Educator. In the counter affidavit filed by the State, the reason assigned for passing impugned order is not satisfactory. One of the reason is that only those persons should have been transferred who have completed ten years at one place. Since the petitioner had not completed ten years, his transfer order has been cancelled. This reason is completely against the transfer policy of the State Government dated 1.3.2007 where it has been mentioned that any officer/employee who has completed three years at one place be transferred to another place. Another reason is that the petitioner was posted at Primary Health Centre, Madhubani in the year 2001. He was deputed in Nalanda Medical College, Patna in the year 2006 and again by the chain transfer order he has been transferred to Nalanda Medical College, showing that he is posted at Primary Health Centre, Madhubani. 6. I do not find any reason for cancellation of the petitioners transfer order. He was deputed in Nalanda Medical College, Patna in the year 2006 and again by the chain transfer order he has been transferred to Nalanda Medical College, showing that he is posted at Primary Health Centre, Madhubani. 6. I do not find any reason for cancellation of the petitioners transfer order. Accordingly the impugned order dated 16.7.2007 as contained in letter no. 813(4) is quashed. The original transfer order passed in favour of the petitioner will revive. This application is allowed.