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2018 DIGILAW 1517 (JHR)

Rajeev Kumar v. General Manager

2018-07-11

S.N.PATHAK

body2018
JUDGMENT S N Pathak, J. - The order of transfer dated 21.06.2018 (Annexure-3) is under challenge. The petitioner prays for his posting to some nearby place in Ranchi or around Ranchi as he has been transferred to a new place within a period of four months which according to the petitioner is against the circular/guideline of the SBI meant for transfer of officials. 2. At the very outset, learned counsel for the petitioner submits that suffice, it would be if the present writ petition be treated as a representation of the petitioner and a direction be given to the respondents to consider the same and pass a reasoned order on the representation of the petitioner, within a stipulated time taking into consideration the guideline/circular of the SBI for transfer. 3. No counter-affidavit has been filed. However, learned counsels for the respondents do not object to the submission of the learned counsel for the petitioner. 4. In view of the rival submissions of the parties, without going into the merits of this case, let the present writ petition be treated as a representation of the petitioner and as the petitioner has already been relieved from the transferred place in view of letter dated 02.07.2018 issued by Deputy General Manager (B & O), the petitioner is directed to prefer a fresh representation before the respondents, annexing all the relevant documents along with a copy of this order and a copy of present writ petition, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the respondents are directed to consider the case of the petitioner and pass a reasoned order taking into account the circular/guideline of the SBI for transfer, in accordance with law, within a period of two weeks thereafter. The respondents are further directed to give a personal hearing to the petitioner as the transfer order has been issued only within a span of four months. 5. It goes without saying that, if the decision is taken in favour of the petitioner, appropriate steps for his posting in and around Ranchi city should be taken by the concerned authorities within a further period of one week. If an adverse order is passed, the same shall be communicated to the petitioner. 6. With the aforesaid directions, the writ petition stands disposed of.