N. Pandey and j. JJ.

1. This is an application under articles 226 and 227 of the constitution of India for quashing the notification dated 10.10.1995, whereby, rabindra Prasad (respondent No.4) has been transferred in place of the petitioner as Block Development Officer, Salakhua, Saharsa.

2. It appears petitioners service was placed on deputation from the agriculture Department, to the Rural development Department. Thereafter, the Establishment Committee of the rural Development Department recommended the name of the petitioner along with 367 others for transfer and posting to the posts of Block Development officers: Consequent to such a recommendation the State Government vide notification dated 5.9.1995, contained in Annexure-1, transferred the petitioner to the post of Block development Officer at Salakhua. The petitioner, accordingly, joined at Salakhua and got charge of his office on 29.9.1995.

3. But unfortunately one Parmesh-war Prasad, a Member of Legislative Assembly, vide his letter dated 15-9-1995, contained in Annexure-7, informed the chief Minister since the area of Salakhua Prakhand was dominated by backward class people, the posting of the petitioner as Bloc