2021 Supreme(Pat) 834
P. B. BAJANTHRI
Ravindra Kumar, Son of Sri. Sudarshan Prasad Sinha – Appellant
Versus
State of Bihar through the Principal Secretary, Health Department – Respondent
Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ranjeet Kumar, Advocate Mr. Ayush Kumar, Advocate Mr. Yogesh Kumar, Advocate Mr. Mohit Srivastava, Advocate
For the Respondent: Mr. S.D. Yadav, AAG-IX Mr. Nagendra Kumar, AC to AAG-IX
JUDGMENT :
1. Heard learned counsels for respective parties.
2. In the instant petition, petitioners have prayed for the following reliefs :-
“(i) For setting aside the order contained in Letter No. 102(4) dated 23.01.2020, issued by the Director in Chief, Health Services, Bihar, Patna, whereby the transfer of the petitioner made by order of the Regional Deputy Director, Patna Division, Patna as contained Memo No. 635 dated 26.06.2019 has been cancelled on the ground that the Regional Deputy Director had no jurisdiction to transfer the petitioner and order was passed without taken in to account the jurisdiction of the Regional Deputy Director (RDD) as contained in Memo No. 612 (4) dated 28.03.2011, whereby the power of transfer of Class-II employees was delegated to Regional Deputy Director, and also without providing opportunity of hearing to the petitioner before cancelling his earlier transfer. The Resolution of the Department as contained in Memo No. 658(3) dated 05.102.2006 also gives jurisdiction to the Regional Deputy Director to make inter district transfer within Division of Class III employee.
(ii) For any other relief for which the petitioner may be deemed entitled to.”
2. P
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