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2013 Supreme(Pat) 1276

RAKESH KUMAR
Vishwanath Sharma – Appellant
Versus
State of Bihar through its Chief Secretary, Old Secretariat, Patna – Respondent


Advocates Appeared:
For the Petitioner: Mr. Praveen Kumar.
For the Respondents: Mr. P.N. Sharma.

ORAL ORDER

Heard Sri Praveen Kumar, learned counsel for the petitioner and Sri Prabhu Narayan Sharma, learned A.C. to Advocate General, who appears on behalf of respondent nos. 1 to 3.

2. The petitioner, while invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for quashing of communication made, vide Letter No. 86 dated 27-01-2012 issued by the Chief Controller of Accounts, Finance (Audit) Department, Government of Bihar, Patna/Respondent No. 3 (Annexure 1' to the writ petition), whereby the petitioner was intimated regarding rejection of his representation against his order of transfer and it has further been prayed to direct the respondents to reconsider the case of his transfer.

3. Short fact of the case is that the petitioner, who is a Senior Auditor, was transferred from Patna Division to Magadh Division, Gaya, vide Office Order No. 94 dated 30-06-2011 (Annexure 1A' to the writ petition). The order of transfer was assailed by the petitioner by filing a writ petition, vide C.W.J.C. No. 18884 of 2011. However, at the time of hearing of the petition, it was noticed that the petitioner had already been relieved vide memo dated 15-07-20












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