S.S.Sandhawalia, J.

1. Whether, the power to transfer an employee of one Market Committee to another within the State, expressly conferred on the Bihar State Agricultural Marketing Board by Rule 64 (ii)(c) of the Bihar Agricultural Produce Markets Rules, 1975 , is ultra vires of the parent Act-has come to be the primarily significant question in this set of three writ petitions, now referred for an authoritative decision by a Full Bench. Equally at issue is that correctnema of the earlier Division Bench decision in Krishna Kumar Shrivastava V/s. The State Agricultural Marketing Board and Ors. 1984 Labour and Industrial Cases 931.

2. The representative matrix of facts may be taken from Dhirendra Kumar Akela V/s. The Bihar State Agriculture Marketing Board and Ors. Civil Writ Jurisdiction Case No. 884 of 1983. The petitioner therein was appointed as a Typist by the Agricultural Produce Market Committee, Dinapore, on the 21st of April, 1979, and, it is averred on his behalf that thereafter he is continuing to perform his duties satisfactorily. However, by the impugned order dated the 14th January, 1983 (Annexure 1), the Secretary of the Bihar State Agricultural Marketing Board