JUDGMENT : Heard learned counsel for the parties. 2. The order dated 30.11.2018 passed by the Director-in-Chief (Disease Control), Health Services, Government of Bihar, is under challenge whereby the petitioner, who is working as Clerk in the office of Civil Surgeon, Bettiah, has been transferred and placed at the disposal of office of Civil Surgeon, Madhepura. 3. Short question which has been raised in the present writ application to assail the impugned order of transfer is that the same is in the teeth of statutory rules framed by the State Government of Bihar, namely, Bihar Swastha Kshetriya Lipikiya Sanwarg Niamawali, 2014, copy of which, has been brought on record by way of Annexure-1. 4. Mr. P.K. Sahi, learned Senior counsel appearing on behalf of the petitioner has straightway taken me to Rule 16 of the Rules which reads thus. 16- milaoxkZs dk fu;a=.k & ftyk Lrjh; milaoxZ ls lacaf/kr ftyk esa vofLFkr LokLF; foHkkxh; lHkh dk;kZy;ksa@dk;ZØeksa@lHkh izdkj ds vLirkyksa ds fyfidh; inksa ij inLFkkiu@LFkkukUrj.k fd;k tk;sxk] ijUrq nksuksa milaoxksZ ij lexz fu;a=.k funs'kd izeq[k] LokLF; lsok,] fcgkj dk jgsxk vkSj vpkud t:jr gksus ij ;k fdlh ftyk esa ;k fdlh fpfdRlk egkfo/kky; vLirky esa fyfid ds vHkko tSlh vR;ko';drk gksus ij ,d ftyk milaoxZ ;k fpfdRlk egkfo/kky; vLirky milaoxZ ds fdlh lnL; dks nwljs ftyk milaoxZ ;k fpfdRlk egkfo/kky; vLirky milaoxZ esa] lsok esa mlds izos'k ds vk/kkj ij mldh ojh;rk dks v{kq.k j[krs gq,] LFkkukarfjr djus dh 'kfDr funs'kd izeq[k] LokLF; lsok,¡] fcgkj dks gksxhA^^ 5. Mr. Sahi, has submitted, with reference to Rules 3 and 4 of the Rules that the post of a Clerk in the office of Civil Surgeon falls in District Level Sub-Cadre and transfers, if any, can be made within a District, though in exceptional circumstances and based on administrative exigencies as mentioned in Rule 16, a transfer can be made outside the District. He has referred to the impugned order dated 30.11.2018 to submit that it does not disclose reason for transfer to another District, outside the cadre, as stipulated in Rule 16 of the Rules. 6. A counter affidavit has been filed on behalf of the State of Bihar wherein it has been admitted that cadre of clerk is a District Level Cadre, but it has been asserted that in case of exigencies or necessities like shortage of clerks in a District, transfer to another District can be made. 6. A counter affidavit has been filed on behalf of the State of Bihar wherein it has been admitted that cadre of clerk is a District Level Cadre, but it has been asserted that in case of exigencies or necessities like shortage of clerks in a District, transfer to another District can be made. In the counter affidavit too, there is no reason assigned why the respondents were required to invoke Rule 16 of the Rules. Reliance has been placed on the notings of the concerned file to contend on behalf of the petitioner that the impugned order of transfer has been issued on the oral orders of the Special Secretary of the Department concerned. 7. After having perused the impugned order and examined the statutory rules, I am convinced with the submission advanced on behalf of the petitioner. There is no reason available on record to invoke Rule 16 of the Rules for Inter district transfer of the petitioner from Bettiah to Madhepura. 8. Considering the above, the impugned order is set aside. This writ application is, accordingly, allowed. 9. It is, however, observed that the respondent shall be at liberty to take appropriate decision, in case of any exigencies as mentioned in Rule 16 of the Rules.