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2007 DIGILAW 1878 (PAT)

Dasharath Prasad Roy v. State of Bihar

2007-12-10

body2007
ORDER Let counter affidavit, as prayed for, be filed within one week from today. In the meantime, the impugned order dated 22nd November, 2007 shall remain stayed inasmuch as it seems that the petitioner was transferred by an order dated 29th June, 2007 and on the basis thereof he was relieved on 13th July, 2007 and thereupon he was permitted to join his transferred post on 18th July, 2007 and four months thereafter, he was transferred out therefrom by the impugned order dated 22nd November, 2007. The learned counsel for the State-respondent submits that the petitioner has been asked to discharge duties within the same District but at a different place which is situated close by to the Office where he was permitted to join on 18th July, 2007 in terms of the transfer order dated 29th June, 2007. The question is not of closeness, the question is of propriety and the power to effect this kind of transfer and accordingly, until such time, the writ petition is heard and decided finally, the order impugned shall remain stayed. 2. Let the matter be listed on 17th December, 2007 at the top of the list.