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2008 DIGILAW 822 (PAT)

Tarun Nishchal v. State Of Bihar

2008-07-02

KISHORE K.MANDAL, R.M.LODHA

body2008
Judgment 1. After having heard the counsel for the appellant, we are satisfied that the impugned order does not call for any interference. 2. The counsel does not dispute that the appellant has been transferred in the same district. 3. It is well settled that transfer is not a condition of service but its incident. An order of transfer is not amenable to judicial review, except where such order has been passed in violation of statutory provisions or is actuated with ulterior motive. None of the grounds has been made out in the present case. 4. In the circumstances, dismissal of writ petition by the Single Judge cannot be faulted. 5. L.P.A. is dismissed in limine. 6. Since the appeal has been dismissed in limine, stay petition does not survive and stands dismissed accordingly.