ORDER 1. Petitioner was working in Middle School, Murli, as on 16th May, 2007. By the order dated 16th May, 2007 petitioner was transferred from Middle School, Murli to Middle School, Basouna Both the Schools are situate in the district of Saharsa but about thirty five kilometers apart, as orally submitted by the learned counsel for the petitioner, which is being disputed by the learned counsel for the State. After the petitioner joined Middle School, Basouna, on 16th October, 2007 he was transferred back to Middle School, Murli from Middle School, Basouna. The reason therefor was that the initial transfer of the petitioner from Middle School, Murli to Middle School, Basouna was not approved by the competent authority. It appears that after it was noticed that the transfer of the petitioner from Middle School, Murli, to Middle School. Basouna, was not approved by the competent authority, the petitioner was returned back to Middle School, Murli from Middle School, Basouna. In other words, the Superior Officer of the State felt that the petitioner is of football and he could be kicked around in the name of effecting transfer. It is shameless on the part of the State and its officers to say that a person had been transferred unauthorisedly and he is being re-transferred in order to cover up the earlier unauthorized transfer. This kind of action is not permissible in law. The petitioner cannot be transferred back from Middle School, Basouna, to Middle School, Murli even if the order of transfer from Middle School, Murli, to Middle School, Basouna, was not authorized. A human being cannot be dealt in the manner the Officers of the State purported to deal the petitioner. It was unjust and absolutely illegal to transfer a person on any ground from one place to another within a period of five months, unless such a transfer was on administrative grounds. The impugned transfer being not on administrative ground and the same having been issued to shield the initial unauthorized transfer, petitioner cannot be made to suffer for the unauthorized actions on the part of his superiors. The fact remains that the petitioner had no role to play in the matter of effecting his transfer on 16th May, 2007 from Middle School, Murli to Middle School, Basouna. 2. The learned counsel Mr. Lalan Kumar Singh, appearing on behalf of Mr.
The fact remains that the petitioner had no role to play in the matter of effecting his transfer on 16th May, 2007 from Middle School, Murli to Middle School, Basouna. 2. The learned counsel Mr. Lalan Kumar Singh, appearing on behalf of Mr. Jai Narayan Kumar, wanted to intervene in the instant writ application but has not yet filed any intervention application. It is made clear that the above order in no way affects or can affect Sri Jai Narayan Kumar, in any manner whatsoever. 3. Let it be recorded that no counter affidavit has been filed on behalf of the respondents despite an order of this court dated 3rd December, 2007. The writ petition is, accordingly, disposed of. The order of transfer of the petitioner from Basouna to Murli dated 16th October, 2007 is quashed.